Experience preferable to theory, an answer to Dr. Price's Observations on the nature of civil liberty, and the justice and policy of the war with America [microform]

* r

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: CRY OBSERVATIONS, &&®

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Experience preferable to Tuzory.

j AN
; a Mt
b be .
7 Dr. PRICE’s OBSERVATIONS
q QN THE
® :
¥ NATURE or CIVIL LIBERTY,
a "AND THE
e JUSTICE ann POLICY
a
c ; OF THE
4
r & WAR witrn AMERICA,
ot —— Whereof cometh envy, ftrife, railings, evil furmifings, per-
rs verfe difputings, deftitute of truth.—But thou, Q man of
& God, fly thefe things; and follow after righteoufnefs, godli-
4 nefs, faith, love, patience, meeknefs,—keep that which jg
3 committed unto thy truft. 1 Tim. vi. 4, §.11, 20,
LONDON,
Printed for T. PAYNE, at the Mews-Gate,
' | MDCCLYXVI,

AN

ANSWER, &c.

Late pamphlet, under the title of Ob-

, fervations on the Nature of Civil Liber-
ty, &c. has been greatly applauded; and, as
we are informed, has gone through fix edi-
tions in’ lefs than Gx weeks, and the author
has been honoured with the freedom of the
city of London. The reputation of Dr. Price,
as a man of ingenuity and learning, increafes
that éclat to the book, which the fpirit of
party would have raifed, had the author been
unknown. The fame fentiments, ftyle, or
mode of expreffion, appeared about two
years ago, in another pamphlet, with the
title of American Independence, but that being
anonymous, had lefs notice taken of it. Both
have the moft. direct tendency to feparate for,

ever the kingdom from the plantations, not
B merely

ma dot ah cera Lemme -

Ge)

merely to break the union, :as_ being all one
community and ftate, but to render defperate
an alliance as feparate ftates.. The principles
Jaid down will not admit of the fubjection of
the plantations to the fame fupreme authority
with the kingdom ; fuch an authority is the
only bond by which ic is poffible for them te
be held together as one ftate. The light in
which all the meafures of Government, for
many years paft have been fet, and the repre-
fentations made of the wicked motives which
have influenced the King, the Miniftry, and
the Parliament, to engage in fuch meafures,
muft tend to alienate the affections of the plan-
tations, and to caufe them to prefer an alli-
ance with any other power in Europe, rather
than with us,

Some of the Americans, who know that it
is the mutual intereft, both of the kingdom and
plantations, to remain under one authority,
have flattered themfelves that a way may be
found for Parliament to: retain its general fu-
premacy, and the people in the plantations,
neverthelefs, to reft affured, that they fhall
enjoy fuch a degree of fubordinate legifation,
as will be fatisfaftory to them, and difpofe
them

g all one
defperate
principles
ection of
authority
ty is the
them to

light in

ran alli-
pe, rather

v that ie
‘dom and.
uthority,
’ may be

sneral fu-.

intations,
ley fhall
piNlation,.
| difpofe

them

agar ~

ie ee

them to with to return to a peaceable ftate of

government and order. But Doctor Price
would perfuade thefe Americans, that they
are men:bers of diftinét communities and ftates;
that Parliament can have no claim to authori-
ty over them in any cafe whatfoever ; and that
a country fubject to the legiflature of another
country is in a ftate of Mavery; and that any
ceffions or compacts to yield to any extraneous
jurifdition a power of legiflation, would be
contrary to the rights of human nature.

I with above all things to fee the planta-
tions reftored to that happy ftate, which they
had been in for many years before thefe trou-
bles began. The removal of thofe obftruc-
tions which this author has laid in the way,
is my fole inducement to the following re-
marks; I will, therefore, pafs over thofe
parts of his work which are foreign from my
purpofe.

His definitions of phyfical and moral liberty,
I leave to fpeculative men, I will not con-
tend with him, upon his definition of religious
liberty ; for I think all men have a right to
exercife, without moleftation, that mode of
seligion they think beft; provided, he will

B2 give

est

( 4) °
give me leave to add, that it be done witho ut
detriment to the ftate.
1 will confine myfelf to civil liberty, and
his application of it to the cafe of the king-
dom and the plantations.

His fyftem may, 1 think, be brought with-
in a fmall compafs, and is no more than this—-

Civil liberty cannot be enjoyed under any
government, unlefs the individuals which
conftitute fuch government, may be admitted
to an immediate participation in the powers
of legiflation and government.—Where the
itate is fmall, every one may partake in per-
fon.—-Where it is large, every one may par-
take oy giving his voice in the delegation of
thofe powers to a reprefentative ; but the truft
delegated muft be for a fhort term only; the
delegutes muft be chofen by the unbiafed voices
of a majority of the individuals ; they muft be
fubjeét to fuch limitations and reftriétions as
may be judged neceffary, and to fuch farther
inftructions as, during the continuance of the
truft, may be giyen by their conftituents.

No community can have legiflative power ;
over the property, or legiflation of another
community which is not incorporated with
if

ie witho ut

erty, and
the king-

ght with.
an this—-
nder any
$s which
admitted
2 powers
here the
> in per-
may par-
ation of
the truft
ily; the
¢¢ Voices
muft be
tions as

a farther

e of the
ts.

> power
another
d with

it

( 5 )
it by a juft and adequate reprefentation; and
a ceffion or compact to the contrary would
either not bind at all, or bind only the indivi-
duals who made it.

The plantations are feparate and diftiné&
communities, the legiflative power of the
kingdom cannot, therefore, bind the people in
the plantations,

Precedents, ftatutes, and ancient charters,
though the arguments drawn from them in
favour of the plantations may greatly out-
weigh thofe againft them, are not to come
into confideration ; the queftion with liberai
inquirers ought to be, what jurifdiction over
them reafon, equity, and the rights of huma-
nity give.

A government formed upon this fyftem is
faid to be free—the creature of the people—
every man is bis own legiflator—taxes are

Sree gifts—laws are eftablithed by common con-

fent, magiftrates are deputies, 8c.%—fuch a
ftate will be /2if-governed ++-—every ftate that is
not fo governed is in flavery {.
*P. 6. + P. 9. ¢P. a1
Upon

( 6 )

Upon thefe principles of civil liberty, the
author profeffes to inquire into the war with
America, —

Firft, In refpeé cf juftice.

adly. In refpec&t of the principles of the
conftitution.

gdly. In refpect of policy.

4thly. In refpect of the honour of the king-

dom.
Laftly, In refpect of the probability. of fuc-
ceeding; and concludes with a plan of recon-

After reading this plan, or model of govern-
ment, every perfon will naturally be led to
confider, whether there is any fuch govern-
ment now exifting in the world. If he finds
none, he will as naturally look for the reafon
why there is none. -One will immediately oc-
cur to himm—there is not that degree of virtue
in the individuals of any of the prefent com-
munities in the world, which is effentially re-
quifite to the forming fuch a fyftem. Factions
will be raifed, contefts will enfue, bribery
and cosruption, force and violence, and every
undue influence which can be conceived .of,
ke will

:
f
|
'
|
!
!

sof the

he king-

r recon-

govern-
led to
govern-
he. finds
e reafon a
telyoc-
virtue
it com-
ally re-
‘actions
bribery
d every
yed .of,
will

ate Oe eS ee Re Te
ne CRE GIO Oat G 4

(9%)
will invade private liberty; reprefentatives can-

not be chofen by the wndiafed voices of a.
majority of the ftate; and it would perhaps

be ‘* better to be governed by the will-of one

man, than by a reprefentation fo iniquitaufly ,
conftituted *.” But this is not all; menin a.
{tate of nature muft have a natural right to
chufe what form of government they pleafe;

and, according to Doétor Price, ** government
is an inftitution for the benefit of the people

governed, whichthey may model astheypleafet.”” .
Thofe communities whofe form, or model, has
approached the neareft to that which he:pro- —
nounces perfect, have, found by. experience,

that bodies of men prove the moft unrelenting:
of all tyrantst; nor has the limited time’ of’
their duration been any reftraint ; ic has. rather
been the means of a more zealous improve-
ment of an Opportunity, which would foon
be paft.. Republican tyranny is intolerable ;:
other powers break out as checks, or reftraints,
upon a mere democratical power; or the:
people will:pethaps fubmic to the government:
of a fingle perfon, or of afew, to avoid the

* P, it. + P. 12. t P. 29%: Ja

evils

( §)
evils which they felt under that of many 4
_ and we have no inftance of any government
of a long duration, in a pure democratic ftate.

Virtue is the principle of a démoeracy, as
well after it is formed, as in thé formation of
it: ‘Where this is wanting, no form is more
oppreffive. The powers of government raif-
ed by faction indulge and favour’ the fide
of party to which they owe their exiftence,;
and the contrary party is tyrannized over and
opprefied. In what other governments have
fo many of the greateft, the beft friends
and fervants of their country, been unjuftly:
deprived of their eftates, liberties, and lives,
as in the commonwealths of ancient Greece ?
Under what other form of government could
fo execrable a law have been devifed, as that
which made banifhment the reward of. virtue,
and furnifhed means to envious. and malicious,
men for difplacing fuch as had. deferved bef
from the people, to. make way for their own,
advancement? The prefervation of Jiderty
was the pretence for difcouraging virtue.

- Whatis it then which would recommend this
model of government beyond all others, pro-
vided it could be practtifed in its greateft per-

nies fection?

as. that
virtue,
liciows,
sd beft
ir own,
liberty

id this
, pro-
E per-
tion?

(9)
fection? The anfwer is—Under this governa
ment men enjoy civil liberty in the greateft de-
gree which a ftate of government will admit 5
and under all other they are errant flaves.

Let us then examine the fyftem, and fee
what this liberty is, and whether it be of fuch
importance and of fuch nature, that man can
never alienate it ; and whether, for the fake of
maintaining it, all the governments upon earth
ought to be diffolved:

A ftate; in which evety individual can give
his fuffrage, mult be fo fmall as to render it, if
not nominally, really, dependent upon fome
other great and powerful ftate; or if we could
fuppofe the prefent great ftates to be multiplied
into fuch {mall perfectly democratical ftates,
men might as well have remained ina ftate of
nature; eterna) war and confufon mutt be the
confequence. I will however juft attempt the
idea of a ftate, which is to enjoy liberty in this
perfect degree. ae

I look upon London as the firft city in Eu-
tope. The livery of London are a feleét, pri-
vileged, honourable body: The freedom of
the city has always been deemed an honaur, as
well as a privilege. The livery confifts of

} C feven

( 10 )

fevert or eight thoufand men, a decent num-
ber for a democracy; and we may fup-
pofe them, at leaft, equal in virtue to the com-
mon run of mankind; and that the laft affem-
bly for the election >f a Chamberlain did not
materially differ from their affemblies in gene-
ral. IE will then imagine the livery conftituted
into, a feparate diftiné republic, or perfect de-
mocracy, and that I am at liberty to chufe a
form of government to livé under ; | certainly
fhould prefer the defpotifm of the moft abfo-
lute monarchy, to the Len of this perfectly
free democracy.

But fuch. perfect sideandine being utterly
impoffible, I will confider in the utmoft extent
the liberty which each individual can enjoy
from his being a member of a lefs perfect ftate;
in which, however,. the author fuppofes: that:
every right of human. nature may be fecured.

In all forms of government, fo: long as the:
powers exift, the degree of power is-the fame 5;
in all, alike abfolute. If we fuppofe a demo-
cracy without laws, the democratic authority:
will be juft as abfolute as ina monarchy. The:
firft is: moft to be dreaded. Jf we fuppotle.
both to be governed by laws, the degree of
reftraint depends upon the laws, not the form

of

nt num-
ay fup-
he com-
ft affem-
did not
in gene-
fticuted
fect de-
chufe a
ertainly

tt abfo- .
erfectly —

utterly

extent

enjoy:

t ftare;

es: that:
red.

as the:

fame;;

demo-
hority:

The:
ppole.
ee of

form

of

( m )

of government... In both forms alfo the judi.
ciary powers muft alike be fole judges of the
laws, not individuals, for this would be con-
trary to the nature of government, What te-
medy then have individuals againft opprefion —
and tyranny? There can be none but this;

the people in every government, when the op-
preffion and tyranny of rulers can be no longer
borne, will break loofe, rife, put an end to the
old authority and powers, and new will .be

_eftablithed in the ftead of the old. Jn ourown

mixed form of government there were repeated
inftances of this fort in the laft century. . The
like ioftances happen in the moft defporie go-

‘vernments.
But-in.a.democracy, it is faid, this power re-
turns: at certain periods into the hands of the
peoples and, tf they do not:approve of the ru-
Jers laft eleGted, they may: then, without any
coavulfion,-chufe others in their ftead. This
is faid to. be the characteriftic of a free ftate ;
Kill, the. moment the government is formed, I
am no more free than if it. had continued as ic
-was before the new election; the laws are no
more of my making, the taxes of my giving, nor
ae a (Cex, can

ERE ee

( d )

can J with greater propriety be faid to be /e/f
governed, than if I had no thare in election... A
King may be elective, as in Poland, every iné
dividual may have a voice, and the major voté
istodetermine. Suppofe the King of France
and the King of Poland to be equally abfolutes
can Poland be faid to be a free ftate more than
France, or do the individuals make their ows
laws, give away their ow money, or. are they
more félf-poverned in Poland than in France ?

But the individuals in elective governments
do, at the times of election, enjoy rights and &-
berties which cannot be enjoyed in ftates where
the authority is not elective. I will endeavour
to make the moft of them. I will fuppofe the

. {Mand of Britain divided into two hundred and

fifty equal parts, and that every man in each
part has a voice in the election of two mem-

‘bers to conftitute a legiflative body as the re-

prefentative of the whole. I cannot fee why

every woman, and every perfon arrived to

years of difcretion, ought not to have a voice

alfo ; for, upon our author’s fyftem, without ic

they muft be flaves; But I w ill not infift upon
this.. If I happen to be one of the minority,

which is as likely as nut, I am in a worfe ftate
than

to be felf
ction. A
|, every ine
major vote

of France
y abfolutes

more than
e their owsz
or. are they
France ? >
overnments
ghts and /-
tates where
| endeavour
fuppofe the
undred and
jan in each
r ¢wo mem-
as the re-
ot fee why
arrived to
ave a voice

bh, without ic

tinfift upon
¢ minority,
a worfe ftate
than

( 13)

than if I had no voice, for I have probably
made the perfons elected unfriendly by giving
a vote again{ft them; and it is moft certain that
Iam not jfelf-governed , I am bound by laws,
and forced to !ubmit to taxes to which I never
gave my confent, neither in perfon, nor by my re-
prefentative. But if each individual agrees to
make fuch choice, and to entruft the powers
of legiflation with the two perfons on whom
the major vote fhall fall, in conjunétion with
five hundred others, in whofe appointment he
hath no fhare, the Doétor fays, that ‘* whatever
is done by fuch delegates within the limits of
their truft, may be confidered as done’ by
the united voice and counfel of the commu-
nity.” So if each individual agrees to fubmit
to fuch form of government, and fuch perfons
as the major vote fhall determine, it may as
well be confidered as done by the united voice
and counfel of the community, and the indivi-
duals are as much their legiflators in one cafe
as in the other.

But, it may be, the two men I voted for
ate chofen; I have then no affurance they
will vote according to my mind in any
affair which may come under confidera-
tion; and though I agreed to fubmit to

make

( 4 )
make them my reprefentatives, yet if I am dif-
appointed in them, if they a& contrary to my
mind, 1 have no advantage from them. The
value of thia liberty, of this right, is: what we
are now confidering, .

But I am willing to fee this liberty in
the ftrongeft light, and will f{uppofe that
I carried ny votes for both members, and
that in every affair they acted: juft as I would
have done myfelf. By my reprefentatives [
have, then, two voices; but there are four |
hundred and ninety-eight voices, in the elec-
tion of which I have no fhaze. Can fo fenfible —
Ht a man as Dr. Price be ferious, or in earneft,
WT when he fays, that this right of giving a voice
Hil! in eleftion is alcne {ufficient to make everyman
who enjoys it his ows legiflator? Is it fo unr
alienable a right in the nature of man, that a
community which, for the fake of many and
great benefits, fhall agree to be governed by
an authority in the appointment of which each
of the individuals who confticute this commu-
nity hath not a voice, fhall not be held by fuch
agreement *, buc have a right to emancipate
themfelves as foon as they can?

* P. 25
But

if I am dif-
trary to my
hem. The

is‘ what we

) liberty ia
appofe thar
mbers, and
; as I would
fentatives J
re are four
in the elec-
in fo fenfible
r in earneft,
ing @ voice
¢ every'man
s it fo unr

an, that a
of many and
poverned by
which each
his commu:
eld by fuch
emancipate

. But

( 15 )

But it will perhaps be faid, that the fupreme
authority. of a ftate, which is conftituted by the.
Jree cle&tion of individuals from time to time,
will have a ftrong motive to purive the true in-
tereft of the ftate, their future eleion depend-
ing upon their fo duing. They will have a
ftrong motive to purfue every popular inclina-
tion, and this muft defeat the great end of
their being elected, the good of the common-
wealth, as often as the fancy or humour of the
people differ from their true intereft.

This muft be one great reafon why demo-~
cratic governments have fo rarely exifted, and
have never long continued ; but if it was other-
wife, the government, for that reafon, could not
be faid to be free. The form of government

_ might be more eligible; but an inhabitant

would: be no more /free than if he lived in an
ariftocracy or monarchy. I can have no con-
ception of a free ftate or. free government, any
farther than freedom is relative to the inhabit-
ants whilft they are in a ftate of government.
Hf the fame men who conftitute the fupreme
authority had affumed it without eledction,
every man would be as much dis ows legiflator

—taxes as much free gifts—laws as much
2 eftablithed

( 16 )

eftablified by common confent, &c. Why does
the Doétor then make ufe of thefe flatcerings
though paradoxical, terms ? Becaufe mén are
captivated with the words /iderty, free, felf-go«
verned; 8ec. and have the found of flavery in ab-
horrence. It is for the purpofe of his fyftem
alfo, becaufe he has determined that /iderty is
ah unalienable fight of human hature, and no
man, confequently, can bind himfelf to be 4
flave, as he muft be, if the government, undet
which he lives, is not fre¢.

After all that can be faid in fupport of the
Doctor’s fyftem, it can only be conceived of

in theoty; it never has been, nor can be, car- -

tied into practice. We know of no original
compaét in any ftate, except what arifes from
the nature of government, an implied compact
that rulers fhall employ the powers committed

to them for the good of the people. We

know no conftitution of government in the
world eftablifhed by the ‘major part of the
individuals affembled in a body, nor any altera-
tions made in that way. So far as we know
the rife of our own conftitution, it has been
eftablifhed by the fupreme autliority in being
it is enough to mention Magna Charta, fince

: . altered

Why does
e flatteringy
fe mén are
free, felf-go+
avery in: ab-
his fyftem
hat liberty is
ure, and no
felf to be 4
thent, undef

pport of the
ohceived of

can be, car- ©

no original
arifes from
ied compact
$s committed

ople. We

ent in the

part of the
r any altera-
as we know
it has been
ty in being y
harta, fince
altered

ich teat “Sp ON a ee
a ea ee

( 17)

‘altered in many refpeéts by the fame powet
‘which eftablithed it, Even the limits to the
duration of a Parliament have been fet by the
authority of Parliament, or, perhaps, in the firit
inftance by the King, one branch only of that
authority. The whole authority may alter
what has been before done by the fame autho-
rity, or by a part of it, and fet further limits to
the duration, or extend thofe which have been
fet. Butthis, and what the Doctor fays of the
abfurdity of omnipotence in any fupreme au-
thority, are fubjects which have been fo fully
thandled,. that no more need be faid upon
them.

Upon the whole, the Dodtor’s republic is
altogether Utopian or vifionary, can never
have areal exiftence ; and if it could, would be
attended with no important benefit to mankind,
but on the contrary muft be preceded by a
diffolution of all the governments where it
takes place.

‘What is it then which makes this fyftem to
be applauded ? There is, as has been ob-
ferved, an enchantment in the found of Jiberty,
free, felf-governed, and the like. The declama-
tory part of the book’ in praife of liberty has
\ D captivated

( 38 )
captivated the minds of many who have read
it, and of many mre who take it from report
only.

I am far from thinking there is no fuch thing
as civil liberty, or that che people in all go-
vernments are alike free; buc this freedom
does not depend upon the form of govern-
ment. I can eafily conceive them to be as
free under a monarchy as an ariftocracy or de-
mocracy, and as free under a government com-
pofed of all three, as under either fimply.
The degree of freedom depends upon its being
a ‘* government by laws and not by men®,;”
and the diftinction made by Dr. Price between
Jaws which are made by one man, or a junto of
men, in @ ftate, and thofe made by five hur-
dred men, in the election of one or two of
which every individual had a voice, is alto-
gether nugatory 5 and it is abfurd to fay I am
more free, in-a ftate where laws are eftablifhed
which are in a greater degree reftrictive, be
caufe l confented to the appointment of the
perfons:who ¢ made them, than I'am where there

ate:taWe lela reidive, though I had no voiee

* vee
whens me nh F Rad fb Pi ae. 2.

iikedicle wen Dee
ete a j

tsa
a

» have read
rom report

fuch thing
in all go-
is freedom
of govern-
¥ to be as
acy or de-
ment com-
ier fimply.
yn its being
by men ® ;”
ce between
r a junto of
y five hun:
or two of
ce, is alto-
to fay 1am
eftablifhed
itive, be-
ent of the
where there
d no voice

( 9 )
in fact: appointment ; and. yet in the latter cafe
I am faid to be a flave, and in the other
a member of a {tate /e/f-governed *.

But all governments which have known
eftablithed laws, cannot be faid to be equally
free. When laws, laying greater reftraine than
is neceffary to anfwer the end of government,
are multiplied, this is my idea of what Dr.
Price calls ‘governing too much+ :” and where
there are laws fufficient to anfwer this end and
no more, and fuch laws are impartially executed,
this is the higheft idea I can have of the liberty
in a {tate of government; and whilft 4 govern-
ment continues to enjoy it, it is immaterial
what the form is, or by what name you call ic.
But how great this reftraint thall be, muft de-
pend upon the wifdom of the legiflators, and
the circumftances of the ftate. There is a cer-
tain degree of reftraint neceflary to the very
being of government; the individuals which con-
Situte it ought not to be at Liberty, by Jpeaking,
writing, or in any other way whatfoever, to effect,
or even to attempt, the fubverfion and diffolution of
it. | “

,
bon

OP. ge + Po Stage isi diy
. Twill

( 20 }

I will now confider how far the cafe of a
community, or ftate, differs from that of an
individual ; and here it will be proper to take
a view of the democratical part of the Englith
governmeni. That of the republic | have alrea-
dy imagined, and of all others, comes withia
the reafon of it. Each reprefentative, as foon
as the body, of which he is on¢ member, is
fo-med, is the reprefentative of the whole king-
dom ; and no more fo of that particular part of
it, which ele€ted him, than of any other. It is
ene great end of forming an authority confift-
ing of fo great a number, rather than of a few,
or of one, that each may impart his fentiments
to the reft in a free debate, that fo the common-
wealth may have the benefic of the joint, wil-
dom of fo many of its <7ifeft men, fele&ted from
the whole community, Inftru€tions from
electors to the reprefentatives would therefore
be repugnant to this principle of the conftitu-
tion, an innovation, and they ought to have
no influence any farther than, from the reafon
of them, they may ferve to convince. If we
fuppofe any particular part of the kingdom to
have had no fhare in eleétion, every member,
notwithftanding, ‘confiders this patt to ftand
nea] rejated

cafe of a
lat of an
r to take
¢ Englith
ave alrea-
°s within
. as foon
mber,. is
ble king-
r part of
r. Itis
confift-
f a few,
1timents
o>mmon-
int, wif-
ed from
s from
erefore
dnfticu.
0 have
reafon
If we
lom to
-mber,
ftand
elated

( ar )

related to him in juft the fame manner as the
reft of the kingdom, and the whole to have
one common intereft. When 1 view the con-
ftitution in this light, if I was to purchafe an
eftate in the kingdom, I would not give a
farthing more for it, becaufe two of the mem-
bers of Parliament were elected by the inha-
Dbitants of the town where it lies, than if thofe
inhabitants had no fhare in election.

But, Dr. Price fays, the kingdom is one
community or ftate, and the plantations an-
other. This is begging the queftion, or tak-
ing for granted what cannot be admitted.
When the term community, is ufed to fignify
a ftate, it is relative to the body of the people -
which make the ftate. London and York are
two different communities, when we take in-

‘to our idea place as well as people, but

merely to the purpofe of forming a ftate they
are one community. It is juft the fame with
Great Bricain and Virginia, or any other of
the colonics ; and I am not able to fee why the
fupreme authority of the whole dominion may
not conficer the plantations as one common
intereft with the seft: o¢ the dominion, as well
as Londonvand Yorks, Newfoundland. is, one

eK

Ao: 4 ‘land,

%

( 22 )
ifland, and Britain another: This plantation
is feparated from the kingdom by the ocean,
as well as the reft, but not fo far diftant: Ie
has no legiflature within itfelf ; the inhabitants,
however, are more numerous than in fome of
the other fmall plantations. I cannot con-
ceive, thatthe people of Newfoundland are
deprived, in a greater degree, of their na-
tural right, by being fubjected to the authori-
ty of Parliament, than they would have been
if they had happened to remove to the Ifle of
Man, inftead of Newfoundland. If the plan-
tation at Newfoundland may be confidered in
this light, why not that at Nova Scotia, which
’ js but a little farther, and the plantations in
New England, which are only a little farther
than Nova Scotia? If it be faid, Nova Scotia
and New England have legiflatures of their
own, fo has London and York, and they are
fobje& to Parliament as well as Birmingham,
Which has no legiflature. But Dr. ‘Price
having, by his own authority, made every
plantation a.feparate ftate, fays, ** that be-
tween one ftate and another, there is none of
that fellow-feeling that takes place between
perfons in private life*.” I fay, that the king-

* P. 19.
: dom

lantation
re Ocean,
ftanc: Ic
vabitants,
fome of
not con-
lland are
heir na-
authori-
ive been
e Ifle of
the plan-
dered in
a, which
ations in
farther
a Scotia
of their
they are
ingham,
. Price
¢ every
hat be-
none of
between
e king-

dom

( 23 )
dom and the plantations are all one ftate, and
have all that fellow-feeling which fellow-fub-
jets have in any other ftate. He fays,’ that
*s being detached bodies, that never fee one
another, and refiding perhaps in different
parts of the globe, thy ftate that governs can-
not be a witnefs to the fufferings occafioned
by its oppreffions, or a competent judge of
the circumftances and abilities of the people
who are governed *.” I fay, that the kingdom
and plantations remain one body; that the
members have conftant intercourfe one with
another; that the inhabitants of the kingdom

go to the plantations, and become members
. of the fubordinate legiflatures and inferior cor-

porations there; that the inhabitants of the
plantations come to England, are elected
members of the fupreme legiflature here, fhe-
riffs, aldermen, and mayors. of the corpora-
tions; that the ftate can very eafily i. ow
when any fufferings are occafioned by oppref-
fion, and can be as competent a judge of the
abilities and circumftances of the people in the
plantations as of thofe in Scotland. The
Doctor fays, “+ they muft.alfo have, in a great
* P, 19

degree,

( %4 )
degree, feparate interefts,: and the more the
one is loaded, the more the other may be
eafed *." The fame may be faid of the differ.
ent parts of the kingdom, and there is no
more danger of partiality and injuftice to the
plantations, than to any other part of the
whole dominion. But, as the whole force of
what he fays upon this fubje& depends upon
the fame hypothefis, two fates, { will follow
him no farther. Ic is a fufficient anfwer to
him toaffert, that the plantations are not fepa-
rate ftates, feeing he gives us nothing but
his own affertio:. to prove that they are. But,
before I finifh, I fthall have oceafion to fhew

from precedents, ftatutes, and charters, that
the kingdom and its plantations are all one
ftate.

When he comes to inquireisto the war with
the Americans, all the force of his reafoning
ftill depends upon the fame hypothefis, that
all government without reprefentation is op-
preffive and tyrannical, and that the kingdom
and the plantations are feparate and diftinc®
governments, or ftates. The idea of the lat-
ter is very artfully preferved in the mind of

: * P, 20. : h
eres the

more the
"may be
the differ-
ere is no
ce to the
rt of the
e force of
nds upon
ill follow
anfwer to
not fepa-
thing but
ire. But,
1 to fhew
ters, that

all one

war with
reafoning
is, that
bn is op-
cingdom
diftin&
the lat-
mind of

the

( 25 )

the reader, and the appearance of proof to
fupport it, is frequently brought from prece.
dents, ftatutes, and charters, which he had
profeffed to throw out of the queftion.

In inquiring into the juftice of the war, he
obferves, that it is a war between ‘the kings
dom and the plantations; whereas, it is be-
tween the fupreme authority of the dominions,
and fuch ‘of the plantations as had revolted
from it. Cade’s rebellion might as properly
have been faid to be between the kingdom and
Kent, or Ket’s between the kingdom and
Norfolk.——-** We call them our colo-
nies *,”°——-——** think of them as in a ftate
of fabordination to us +;"——** the meaneft

~ perfon among us is difpofed to look upon him-

felf as having a body of fubjects in America,
and to be offended at the denial of his right to
make laws for them f.” ‘This is all futile, or
fomething worfe. When they are call-
ed’ our colonies, no more is intended than
we intend when we fay London is our capital.
When any body thinks of the fubordination of
the legiflatures in the plantations, he con-

* P31 4P. 32 — ¢ Ibid.
E ceives

4

{ 26 )

ceives of them, as of the legiflatures of London
or York, all fubordinate, not to us, but to
the fupreme legiflature. Thefe, and others
like them, which I pafs over, ate mere inaccu-
racies, Of which, I dare fay, the Doctor him-
felf, the champion for American independ-
ence, has often been guilty as well as others.
I do not believe that any perfon in England,
thinks he kas a body of fubjects in America,
or in Ireland, or a right to make laws for
them.

The ftrongeft oppofers of the independence
of America, have always admitted, that the
people of Britain, of Ireland, of America, and
every other part of the dominions, are fubjeét

to the fupremacy of the Britifh Parliament, and
intitled to every liberty and privilege of the
conftitution, as far as their refpective local
circumftances will admit; but they do not
pretend, that any one part of the dominions
has apy authority over another. I have, I
own, lamented thefe inaccuracies, have feen
the ufe which has been made of them to alie-
nate the affections of our American brethren,
and fellow-fubjects; and I fear the Doétor
intended to make the fame ufe of them in his

book:

of London
us, but to
and others
lere inaccu-
Yoctor him-
_ Independ-
las others,
in England,
in America,
e laws for

dependence
J, that the
merica, and
are fubject
lament, and
ege of the
tive local
ley do not
dominions
I have, I
have feen
2m to alie-
n brethren,
he Doétor
hem in his

book;

( 27 )
book. I will not trouble the, reader with the
enumeration of all the reft of them, as the ob-
fe.vation upon. thofe which I have mentioned
may ferve for an anfwer to all.

Ic is certain, that the war with the planta-
tions is juft, or unjuft, as the Parliament
hath, or hath not legiflative authority. over
them. Had the Doctor’s hypothefis been
true, that there can be no lawful authority
over a plantation, which has no fhare in fuch
authority by reprefentatives elected by its in-
habitants, the war muft have been unjuft; but
not relying upon this only, he comes to char-
ters, which he had before difclaimed. Let us
fee. whether they are more fairly adduced.
Le “The colonies have /ree legiflatures of their
“© own 3? —* +they were promifed. a// the
« rights of Englifhmen,—allowed to tax them-
«¢ felves,—to be governed by legiflatures of
ey their own, Similar ‘to ours;—their charters

4 were given by an authority. which, at the

“time, was thought competent :—they have
“< been rendered facred by an acquiefcence on
‘© gur part for more thanacentury. Can it

© P. 33 + P. 40.
E 2 ‘¢ then

( 28 ).

“¢ then be wondered at, that the colonies fhould
** revolt, when they found their charters vio-
“ lated, and an attempt made to force in-
‘* novations upon them by famine. and fword.”
I know of no charter which gives to any of
the plantations a free legiflature, fo free as to
be independent of Parliament; in all I have
feen, the power of legiflation is limited, the
Jaws are not to be repugnant to the laws of
England, the moft favourable conftruction of
which muft be, mot repugnant to. fuch laws: as.
Soall exprefsly refpe them—The grant of all
liberties and immunities of free and natural
fubjeéts, within any of the dominions of the
crown of England, has been very often fo
clearly explained, to mean no more than that
the grantees fhould be confidered as Englith
fubjeéts, and not aliens, or, in other words,
that the plantations were part of the domini-
ons, and, therefore, fuch as removed thither,
might be affured they fhould not be deemed
aliens, that I will not fpend time in repeating
the proof, One argument alone will demon-
ftrate, that, by a grant of the rights of Englith-
men, could not be intended an exemption
from the authority of Parliament, which is all
that

ies fhould
rters vio-
force in-
1 fword,”
10 any of
Tee as to
1 I have
ited, the
laws of
uction of
) laws: as.
nt of all
1 natural
ns of the
often fo
han that
Englith
r words,
domini-
1 thither,
deemed
peating
demon-

nglith-
mption
ch is all

that

( 29 )

that is neceflary for my prefent purpofe. All
the charters before the Reftoration were grants
to corporate bodies in England, of legiflative
power over fuch fubjects as fhould remove to
America, and dwell within the limits refpec-
tively granted. by fuch charters. There are
charters to ‘Sir Humphry Gilbert, and Sir
Walter Raleigh, by Queen Elizabeth; to the
Virginian companies, to Bermudas, and to the
council of Plymouth, by King James the
Firft; to Maffachufet’s Bay, to Secretary Calvert
for the province of Maryland, and to Sir Ferdi-
nand Gorges for the province of Main, by
King Charles the Firft. The corporations,
created by thefe charters, were to remain in
England. The grant of Englith immunities
was to fuch fubjects as fhould go to, and in-
habit in America, under the title of fuch cor-
porations. No body doubts, that the corpo-
rations which remained in England, were fub-
ject to the authority of Parliament. Can we
imagine the inhabitants of America to be free
from the controul of Parliament, and yet fub-
Jet to the legiflative power of a corporation

in

ge eee

etna al i ID Pl FA De eT Se dine aK:

( 30 )
in England, which was liable to be controul-
ed, and even annihilated by Parliament ?

And then, for ** the allowance to tax them-
felves,” they could have no power to tax
Sor any purpofe without a fpecial grant. If this
power had not been given to a corporation in
England, fubjeé& to Parliament, yet a grant
Sor fpecial purpofes only, can never be conftrued
to exclude Parliament from its general power.
J have not the feveral charters in my poffeffion.
1 know that in fome of them no power of
taxation is granted, and it was one of the
charges againft Maffachufets colony, that the
corporation had taxed the inhabitants without
any authority by charter.——The fame may
be faid of the powers of legiflation, as has
been faid of taxation: in neither cafe could
the grant exempt from the general power of
Parliament. As well may London and York
claim the like exemption, and juft as jmilar
are their legiflatures to ours, as the legiflatures
of the plantations ; neither of them are /imi-
lar in power, fimilar in form only, which is
nothing to the Do¢tor’s purpofe.—The autho-
rity which granted, he fays, was at, that time

thoughe

ontroul-

nt?

x them-
to tax
If this

ation in

a grant
onftrued
| power.
offeffion.
ower of

: of the

that the

without
e may
as has

e could

ower of

d York

Similar
flatures
re fimi-
hich is
autho-
at time
ought

(gr).
thought competent. I fay, it was competent to erect
corporations, but not competent to exempt from

. authority of Parliament. ‘King James and King

Charles might think it fo. Surely the Doéctor
does not rely upon their fenfe of their authority.
‘Will he do it in the cafes of thip-money, ton-
nage and poundage, monopolies? &c. The
great lawyer, Lord Chief Juitice Coke, did not
think the authority competent. He declared,
that Parliament had power to diffolve all thefe
charters if it thought fit, and that ic ought to
do it, as’ they were monopolies, and abridged
other fubjects of the right they had to trade,
fith, &¢. in thofe parts of the dominion, Ic
may be faid, the grantees thought ‘the autho-
rity competent. They foon knew the contrary ;
the charters were brought before Parliament.
In 1624, a judicial procefs was brought againit
the Virginia charter. The Privy-council, in one
way or other, from the beginning, have taken
cognizance of them. Will any man fay, that
the courts of Jaw, or the Privy-council, have
jurifdiétion where the authority of Parliament
doth not extend ?
"We fhall not find the Doétor’s account of
the acquiefcence of Parliament to bea whit bet-
ter

yan Ai Nahata

SUG ST rat AR a Be fi lb te

( 32 )

ter founded. When Parliament has been
paffing acts, from the time of granting thefe
charters tc this day, not only in each of the fe-
veral reigns but in the time of the Doétor’s
darling republic, for regulating the plantations;
is this an acguie/cence in an exemption from the
authority of Parliament? If he does not mean
fuch an acquiefcence, what he fays is trifling, and
to no purpofe.

Thefe references to charters, by his ufing
words which have an equivocal fenfe, may mif-

_ guide his readers; but, whencompared with the

charters, are found to be not in the leaft to his
purpofe. Forthe charters granted fince the
Reftoration, 1 have only one brief remark to
make on all of them, viz. that it is not pof-
fible the feveral Princes which granted them,
fhould intend to exempt the grantees from the
authority of Parliament; becaufe, before, at,
and after the time of granting, thofe Princes,
at the head of the Parliament, were exercifing
the authority of Parliament over them.

But why have 1 {pent fo much time in fo
plain a cafe? Every man of common fenfe
muft acknowledge, that a power which the
fupreme legiflative power cannot controul,

is

; been
y thefe
the fe.
octor’s
ations;
om the
t mean
1g, and

| ufing
y mif-
ith the
to his
se the
ark to
pof-
them,
the

» at,
inces,
cifing

in fo
fenfe
the
roul,
is

( 33 )
is a folecifm in government, confequently the
Crown can grant no charter to exempt any of
its fubjeéts from the authority of Parlia-
ment.

But the Dottor is prepared for me ;—he lays
no ftrefg on charters; he recurs to his fyftem.
The fubjects in the plantations, by their re.
moval to America, became a diftiné& ftate,
and §* the moft exprefs ftipulations in all the
charters of the colonies, for ever to fubmit to
the people from whom they withdrew, can be
no more binding than a ftipulation to go nak-
ed, or expofe themfelves to the incurfions of
wolves and tygers *.” He might as well have
refted altogether upon the injuftice of one in-
dependent ftate’s making war upon another
without any caufe ; for every thing elfe in this
fection of his book, is either mifreprefentation,
or proves nothing to his purpofe. He ftrives
indeed to ftrengthen his own cayfe, by thew-

‘ing the weaknefs of the arguments brought

againft it by his oppofers, but they are argue
ments ftated in fuch manner as he thinks fit,

that he may the more eafily anfwer them.

8 P. 41.
F Ie

( 34 )

It is urged, he fays, that ic is neceffary a
fupreme power fhould be lodged fomewhere,
sin order to preferve the unity of the Britifh
empire * ;” and he plays upon the word unity,
as if it intended an agreement.in opinion, or
‘unity of fentiment, in contradiftinétion to dif-
cord; whereas no body could ever ufe this ar-
gument in any other fenfe, than to fhew the
abrairdity of more than one fupreme authority
in the fame government.—The * fuperiority of
the Britifh ftate +,” is /aid to have been another
argument. To what purpofe? Surely not to
fhew the right of Parliament ; poffibly to thew
the practicability of maintaining the rigbt.—That
*« we are the parent fate }.” The parent coun-
try, or mother country, is a common expreflion
in the piantations, and may have been ufed by
writers to fhew the fenfe of the people there,
that they were of the fame family with the
kingdom, which they ftill confider as their
home; but co ftrefs is laid upon fuch an ex-
‘preffion to fhew, that the mother country
hath authority over the plantation becaufe a
parent hath over his children.—* Tha twe

bed P. 35° + Pe STe

eceflary a
omewhere,
he Britifh

ord unity,
pinion, or
ion to dif-
fe this ar-
o fhew the
¢ authority
Deriority of
een another
ely not to
bly to thew
gbt.—That
arent coun-
1 expreflion
cen ufed by
ople there,
y with the
er as their

ich an ex-

er country
| becaufe a
‘ Tha twe

Pe 37
have

( 35 )
have protected them, and run deeply in debe
On their account *.” This too may have been
urged by fome, as a good reafon why the nlan-
tations fhould not be fuffered to. feparate from
the kingdom until fatisfattion is made, but
not to fhew the conftitutional authority of
Parliament over them.-~Here the Doétor takes
occafion to fay, that * in the laft war they ran
themfelves deeply in debt,”—*+ were an accu-
rate account ftated, it is by no means certain
which fide would be moft indebt-+.” This istoo
grofs to pafs without particular notice. Ihave
the greateft reafon to believe, the individuals
in the plantations were much richer at the clofe,
thdn at the beginning of the war. The debe
of all the governments did not amount to a
million, The eftates of individuals, I believe,
were much more increafed. I doube whether
individuals in the kingdom were enriched in

“any proportion to thofe in the plantations. I

know the public debt was increafed about
feventy millions, The Doctor fays, the people
of the colonies are now near half our number.
Their public debt then, fo far as the propor-
tion is to be fettled by numbers, ought to have
been at ieaft thirty millions; when, in fact, it
oP. 38. FP. 39.
F 2 was

Cae?

was lefs than one. Let me add, that every go-
vernment in the plantations was out of debt in
a few years, and that very little of the feventy
millions due from government here has’ been
yet difcharged.—It is farther faid, “ that the
land on which they fettled was ours *.” The
land was theirs as much as ours: it was part of
the dominion, or ftate ; the right of granting it,
by the confticution, was in the Crown. How
this right was acquired I need not fhews the
planters fett'ed under the Crown; they have
not been difturbed by any perfon or power
pretending a bette: title; they are precluded
both in law and reafon from any exception,.
until they fhall be fo difturbed. It is not true,
that the property of the greateft part has been
purchafed of the natives: What little has been
purchafed, was without any valuable confidera-
ton; a few hogfheads of fpirituous liquors
would procure a quit-claim to as much land
as is contained in one of the {mailer colonies,

The laft of his oppofer’s arguments which he
is to anfwer is this, ** The defective ftate of the
** reprefentation of this kingdom has been far-
*¢ ther pleaded to prove our right to tax Ame-
** rica, We fybmit toa Parliament that does

* P. 39
§* not

( 37 )
‘ not reprefent us ; and, therefore, they ought.
*¢ How ftrange an argument is this? I¢ is fay-
‘¢ing we want liberty, and therefore they
**‘ ought to want it.” This is a /frange argu-
‘ment: Dr. Price is the firft 1 have met with
who has made ufe of it in the manner he ftates
it. We fay, it is immaterial whether all the in-
habitants of the kingdom have a fhare in elec-
tionor not: The authority of Parliament is
the fame in both cafes. We do not fay, be-
caufe we want liberty therefore they ought:
But when it is urged, as a reafon to exempt

-the plantations from ‘the authority of Parlia-

ment, that they are not reprefented, it is argu-
mentum ad bominem, to fay that they are repre-

fented as much as the greateft part of the peo-

ple of England ; and’ this is all the ufe I ever
knew to have been made of it. It is eafy to
conquer, when we can chufe our enemy’s weap-
ons as welias our own. | |

The Doctor, before he finifhes this fection,
begs a particular attention to two inquiries.
After ftating the queftion between us and the
colonies, not as it now ftands, but as if they
aimed only at a partial independency, he in-

_quires firft, © Whether, if we have now this fu-

¢* premacy, we fhall not be equally intitled to
s¢ it

oe

i epanrennantin maine

Gamers roar re

re ne

** it in any future time? They are now but lit-
*¢ cle fhort of half our number ; the probability
‘sis that in’ fifty or fixty years they will be
“double our number: will they be ftill
** bound?” The anfwer to this is very fhort :
Parliament hath now a conftitutional authority
over the plantations: This authority hath been,
and ftill may be, exercifed to the general
benefit of the dominions: Empires may in-
creafe, like i’: of the Romans, until they be-
come too unwe... 7 to be governed under one
authority : It will then be time enough to in-
quire whether the power and authority exifting
ought to be continued. The queftion now is a
matter of mere fpeculation. |

The next inquiry is, — ‘* If we have indeed
that power which we claim over the legifla-
tions and internal rights of the colonies, may
we not, whenever we pleafe, fubject them to the
arbitrary power of the Crown ?” Not if it be
unjuft. I will fet no other limits to the autho-
rity of Parliament than that it hath no right to
do wrong. I will tell him what it has done.
When the act of Parliament paffed for the fet-
tlement of Wales in the reign of Henry VIII.
power was given to the ‘Crown to alter any

thing in the aét within three years; and this
power

( 39 )

.power was, I think, continued, by fubfequent

acts, down to the latter end of JamesI. Ic
was more general, and of a higher nature, than
that in the Quebec act, which the Doétor fays
makes the King a de/pot over all that. country.
I know no other reafon for afking this queftion,
than that he might have an opportunity of
making this and the fubfequent remarks, for
the queftion is frivolous, and entirely foreign
from his fubjeét; and he might as well have
afked whether Parliament may not, whenever
it pleafes, fubject Wales to the arbitrary power
of the Crown. He fays, it is impoffible that
the reprefented part fhould fubjeét the unre-
prefented part in Britain to arbitrary power
without including themfelves. I cannot imagine
why. We fee Wales was fubjected, even
after it was reprefented, and the other parts
not included. Surely he will allow that it
might as well have been done before.

The inquiry in the next fection is, Whether
this war is juftified by the principles of the zon-
ftitution, The Doctor fays, * it is by no
means true; nor, were it true, would it be
right that we fhould eftablifh our own confti-

tution

(40 )

tution there.” . They have chartered govern-
ments of their own, with which they are pleafed,
and which, if any power on earth may change
without their confent, that power may likewife,
if ic think proper, deliver them over to the
Grand Seignor. Suppofe the colonies . of
France and Spain had, by compacts, enjoyed
for near a century and a half free governments,
enen to all the world, and under which they had
grown and flourifhed, what fhould we think
of thofe kingdoms were they to attempt to
deftroy their governments, and to force’ upon
them their own mode of government? Should
we not applaud any zeal they difcov «cd in re-
pelling fuch an injury ? Buc the truth is, we
are not maintaining, but violating our own
conftitution in America. The effence of our
conftitution confitts in its iudependency.”

What has all this to do with the principles
of the conftitution of England? Can the
Crown of England, upon the principles of the
conftitution, grant a charter to any part of its
fubjects which frees them from the autho-
rity of Parliament? Are thefe charters of
the nature of compacts between two inde-

pendent powers or flates? will length of time
; give

( 41 )

give force to what, in the beginning, was entire
ly void of it ? Were the Britith plantations ever
free, or, as the Do&tor muft mean, if he means any
thing, independent ? Were they ever, lawfully I
mean, open to all the world ? Or is the Englith
conftitution effentially independent, more than
thofe of France, Venice, or any other conftitu-
tions upon earth? Surely this muft have been
wrote in hafte. The following part of the
fe€tion fhall make up for it. 4 The fundamen-
tal principle of our government is éhe right of a
people to give and grant their own money.” Why
he has thus expreffed himfelf I cannot tell. He
cannot mean that it is a principle of the Eng-
lih conftitution, that no one government or
ftate.can give away the money of another go-
vernment or ftate. This is the fundamental
principle of all governments, We muft un-
derftand him then, that it is the fundamental
“principle of the Englith conftitution, that * the
money of the fubjects cannot be taken from
them without their confent, expreffed by them
in perfon, or fignified by their reprefentatives
elected for that purpofe.”” I have faid enough
upon this fubject, fo far as it has been urged to
be a principle of civil liberty, or government

G in

( 42 )

in general, We are now upon the Englifh
cntuiurion, As far as we have any know-
ke, of it, the confticutional method of raifing
money from the people has always been by
acts of the fupreme legiflative authority under
what form foever it may have been, at the time
when the acts were paffed, In the reign of
King John, the great Council of the kingdom
for affeffing aids, 8c. confifted of Archbifhops,
Bifhops, Abbots, Earls, and greater Barons,
together with all who held lands under the
Crown ia capite: The people had no fhare in
their appointment, but were notwithftanding
bound by their laws of what kind foever. As
we come forwards the land-holders are mul-
tiplied, foas to render it inconvenient for fo
numerous a body to affemble together; we then
find them authorifed, in each county, to fend
commiffioners to act in conjunction with the
Magnates of the realm for and in behalf of the
whole: Afterwards, boroughs and cities are
formed, and, by letters patent from the King,
authorized to chufe commiffioners alfo, who
have an equal voice with thofe elected by free-
holders: Still, a great proportion of the people
are without any fhare of election. We cannot

2 afcertain

ee wt -

( 43 )
afcertain when, or how, it became the privilege
of the commiffioners, chofen by the people, to
originate grants of aids; probably foon after
they fat in a different Houfe from the Lords,
and probably alfo, becaufe they had the means
of beft knowing the condition and circum-
ftances of the people in all parts of the realm,

' what they are able to pay, and in what propor-

tion. We "ow that the Commons sow have
the fole right of orginating grants of money:
We know there are inftances of grants in early
times originated by the Lords : We have reafon
to think the denial of a right in the Lords to
make any alterations in money bills is of later
date; We know it has been contefted. So far
as the alteration may increafe the fum, or affect
the proportion, it comes within the reafon of
originating the grants; fo far as it may leffen
the fum, it, feems to be more arbitrary. From
this brief account, which I believe to be true,
this. right of originating grants by the repre-
fentative of the people does not appear
to be a fundamental principle in the Englith
conftitution, but rather to be now fettled and
eftablifhed by Parliament as a rule of proceed-
ing in all cafes of taxation whatfoever, whether
the fubjects taxed had any fhare in the election

Ga af

ener

ee

( 44)

of reprefentatives or not nor can this right be
faid to be inherent in this branch of the legifia-
ture, merely by force of its being elected by
the people ; for by juft the fame reafon it mutt
have aright not only to originate, but to be
the fole judge of evevy aft of legiflation which
affects life, liberty, or any valuable intereft
whatfoever, as all aéts of government muft be
fuppofed to do in fome way or other; and many
muft be of much greater confequence to the
intereft of the people, than thofe which re-
fpec&t their eftates,

If any principles may be faid to be funda-

‘mental in the Englifh conftitution, this feems to

be one, that the lands in all ‘parts of the do-
minion, by fome tenure or other, are held of
the Crown: In conformity to ‘this principle,
grants of all the territory in the plantations
have been made by the Crown. It is another

‘principle, equally fundamental, that wherever

the authority of the Crown extends, the autho-

tity of Parliament extends alfo: It is an un-

deniable fact, that the grantees received their

‘grants, as of lands within the dominion of the
“Crown, and under focage tenure, in which is

included allegiance or fidelity to the Crown:
An oppofition, by force of arms, to the execu-
tion

( 45 )
tion of acts of Parliament, by contruction of
law is a breach of this allegiance and high
treafon. The Doctor may have recourfé to
the refuge which he has in referve, and urge

.that the plantations are not part of the Britith

dominions. If that is the cafe, to what pur-
pofe has he been enquiring into the principles
of the Englith conftitution ?

The next inquiry is into * the policy of the

_ war.” 1 expected the author’s queftion would

have been, Whether, in good policy, govern-
ment fhould have given up all claim to its au-

thority over America, rather than maintain ic

by force? But after having followed him,

' “wandering from his point®,” through feven or

eight pages, I:find that what he principally in-
tends to infift upon is ** the folly, in refpect of
policy, of the meafures which have brought on
this conteft, ‘ana its pernicious and fatal ten-
dency +.% It was no part. of my defign to en-
gage in the defence of the prefent adminiftra-
tion, or to bring charges againft any former ;
but it will be impoffible for me to remove

thofe prejudices which the Doctor is labouring

to inftil into the minds of the Americans

° P, 58. } + Ibid,
againft

( 46 )
againft government, and which muft effectually
prevent a reconciliation, unlefs I thew wherein
he'has mifreprefented the paft as well as the
prefent adminiftrations. A general charge of
pride, love of dominion, thoic infernal princi-
ples of blind refentment, and love of revenge,
merely becaufe they are inberent in buman na-
sure, may as well be brought againft all the go-
vernors upon earth, But there is further evi-
dence that thef muft have been the motives;
'< We have tranfported ourfelves to their peace-
ful retreats, and employed owr fleets and ar-
mies to ftop Up their ports, to deftroy their
commerce, to feize their effects, and to burn
their towns, They have rifen in their own de-
fence, and repelled force by force.—They de-
ny the plenitude of our power over them, and
infift upon being treated as free communities,
—It is that has provoked us, and kindled our
governors into rage *.”

Will not a foreigner, unacquainted with the
American controverfy, fuppofe that govern-
ment, from mere wanton.iefs, had invaded the
liberties and properties of its American fub-
jects, and compelled them to rife in their own

ay 55°
defence,

‘ 47)
defence, to fave themfelves from deftruction ?
Inflammatory remarks follow thefe mifrepre-
fentations ; and then, having obferved that our
whole conduct has been nothing but a feries of
she blindeft rigour followed by retractation, of
violence followed by conceffion, of miftake,
weaknefs, and inconfiftency, the Doétor pro-
feffes to prove it by relating the proceedings of
government—in altering the act of the 6th
of George the Second, which impofed duties on
foreign fpirits, 8c. and laying other duties for
the purpofe of a revenue — in paffing the ftamp-
act, which threw the continent from one end
to the other into refiftance and rage —in repeal-
ing the fame act without requiring any secog-
nition of the authority of Parliament, or doing
any more to preferve its dignity than afferting
its power by a declaratory law—in palfing an-
other act to impofe duties on tea, paper, glafs,
&c. which revived all the former heats—in
repealing all the duties in that act, except on
tea, which was left to maintain a foew of dig-
nity—in enabling the Eaft India Company to
export tea to America, fubjeét only to a duty
of three pence per pound,.in order to bring the
colonies intoa /nare, which they fpurned at,
and refufed to admit the tea; and at Bofton

Some

5 ere ee re — ae Se ee oom

( 48 )

Jome perfons in difguife buried it in toe fea * — in
ftopping up the port -of Befton until compen-
fation fhould be made—in deftroying the
chartered government of the province —in
withdrawing from its jurifdiction perfons who
in particular cafes fhould commit murder — in
paffing the Quebec bill.

The Doétor then proceeds to paint in lively
colours the effects of all this vengeance in Maf-
fachufets bay —the diffolution of government
there — the fright the miniftry was in here —
the ungracious conciliatory propofal, that if the
Americans would tax themfelves as Parliament
ordered, Parliament would not tax them — the

difdain with which this propofal was received
—the urging the province of Maflachufet’s
Bay into rebellion, by ordering the army to
feize their ftores, and to take up fome of their
‘leading men —the people’s taking to arms,
and repelling the attack —the deftruétion of a
great part of the flower of the Britith army —
the difgraceful and miferable imprifonment of
fome of our beft generals and braveft troops
in the town of Bofton — the commencement of

* T fee no-difference, in a. moral.vicw, between a par-
tial reprefentation conveying a falfe idea, and an affertion
dire&tly contrary to truth.

a horrid

( 49 )
a horrid civil war, and the diftra¢tion and
convulfion of the whole empire. All thefe
things were done, notwithftanding the colo-
nies had allowed us every power we could
defire, except that of taxing them, and in-
terfering in their internal legiflations.—He

then laments the effects of the lofs of our Ameée- ©

rican trade, and fhudders dt the profpect of a
kingdom on the brink of ruin.

The beft way of anfweting this narrative
and thefe remarks will be by another narrative
and other remarks. I have had the advantage
of examining many original papers, as well as
records, relative to the feveral governments ;
and I have fcen the depofitions, taken here,
of feveral perfons who were prefent in Bofton
at the time when the tea was deftroyed, and
who airived here foon after.

I cannot give a full idea of the rife of this
unfortunate conteft without going back to che
beginning of the laft war with France.

The peace in 1762 had left the bounds
between the Englifh and French dothinions
in America undetermined. The pofts which
the French had taken after the peace, of

the back of the Englifh fettlenients from

BS | the

ne
tek
t
i
Pr

€ 5° J
the Ohio to Nova Scotia, alarmed our in-
habitants; and the governors reprefented to
the miniftry that, if negleéted, a French
force would, in time, be able to drive every
Englith colonift into the fea. Altercations be-
gan between the two courts, and directions
were given to fome of the governors to raife
men, and to take pofts likewife on the Englifh
frontiers, and, if neceffary, by force to attempt
the removal of the French encroachments.
Orders were alfo fent to the feveral Englifh go-
vernors, to recommend to their affemblies to ap-
point commiffioners to meet at Albany, to
confult upon proper meafures for fecuring the

Indians, and to fettle a proportion of charge to
be borne by the feveral governments in cafe of
anew war. I have it from fufficient authority,

that whatever may have been the notions or ex-
pectations of fome of the American colonifts in

the days of the commonwealth, and for fome
years after, yet, from the Revolution down to
the year.1754, no idea of independence exifted
in America; the people had no vifionary no-
tions of /iberty; with the name of /ubordinate
governments, they felt lefs reflraint from their
la, lefs of the burden of government, than

i, 2 any

( 3st)

any people of any government in Europe. If
this had not beea enough to keep off a defire
of independence,’ they were afraid of their
French neighbours, and their whole confidence
was in that protection which they claimed
in common with their fellow-fubjeéts in Eng-
land.

Ya purfuance of the recommendation from
the Crown, commiffioners met; they agreed
upon an addrefs to the King, reprefenting the
imminent danger the plantations were in, and
humbly praying for protection, They agreed
alfo upon a plan of union of the feveral govern-
ments, by a reprefentative of the whole, con-
fifting of members from each government,
with powers to fettle proportions, raife monies,
&c. and it was an article of this plan of union,
previous to all the reft, that application
fhould be made to Parliament to authorize
this plan. Itnever took effect. The govern-
ments in the plantations did not approve of
the general defign, nor chufe to truft an affem-
bly of delegates; and government here was
equally averfe to it. This tranfaction, by a

‘congrefs regularly reprefenting fo many of the

governments, demonftrates that the conftitu-
H 2 tional

( 52 )
tional authority of Parliament over them was
freely acknowledged at that time.

In the courfe of the war, requifitions were
fent to feveral of the governments to raife fuch
forces as would confit with their abilities, and
they were at the fame time aifured, that it
would be recommended to Parliament to re-
imburfe or compenfate them in part, and in
proportion to the exertions and abilities of
each government. The promife was punctually
performed, and the benefit which each govern-
mentreceived from a large importation of {pecie
annually, though not one half of their expence,
was fo great, that many of the requifitions from
time to time were chearfully complied with, As
the peace approached and the terms of the treaty
were expected foon to be fettred, the anxiety
was great.left Guadalupe or Martinico fhould
be ceded to the Englith and Canada reftored
to the French ; and great was the joy when
the treaty was made public, and the ceffion of
Canada with it. Without this ceffion of Ca-
nada, there would have been no fcheme of
independence in America to this day. Many
of my readers will recollect how much we
were divided in England when the peace ,

approached,

, (53 )

approached, and that this confequen . of pre-
ferring Capada to one, or both, of the fugar
iflands was then foretold.

Notwithftanding the peace with France,
war continued, or was renewed with fome of
the Indian nations in America, and forces
were kept up for carrying on the Indian war,
and for fecuring the new ceded countries.
This put government here upon a plan for

raifing monies in America; not to eafe the i a
kingdom of any part of the debe of feventy My
millions incurred by the war, but to defray ; : (}
part of the charge which continued after the : i

peace, for the defence of America; and, as
Doéttor Price obferves, the firft thought was
to reduce the duty on molaffes, &c. which
by the act of the fixth of George the Second, |
was laid fo high as to amount to a prohibition, |
and to lay fuch fums as might be paid with-
out caufing a ftrong temptation to fmuggle, it
It was natural to think of this duty, ‘ecaufe, i
a few years before, one or more of the agents
had been concerting with the miniftry the re-
duction of the fame duty, upon a prefump- iD

tion that it would be agreeable co the inhabi- hay
tants of the colonies; and this agent recom- a:

mended

(: 54 )
mended to his conftituents, to make application
for fuch reduétion, and upon confideration of
his propofal, a very large committee of the
council and houfe of affembly were in favour
of it; but by an accident it was ftopped from
going any farther at that time.
' The duty on ftamps, though it had many
years before been in contemplation, was
fuggefted afrcth to Mr. Grenville, by an Ame-
rican member of the Houfe of Commons, -
and, I have been informed, was communicated
to, and not oppofed by feveral American
agents; but they wifhed for time, which was
readily granted them, to inform the American
affemblies of the defign, and the agents were
further authorifed to fay to the affemblies,
that they were at liberty to fuggeft any other
way of raifing monies for the purpofe propof-
ed. Ithink this was treating the plantation
‘Jegiflatures more properly and favourably,
than if requifition had been made by the fecre-
tary of ftate, as was done during the war;
and yet Mr. Grenville has been abufed for
not making a requifition. What was the con-
fequence of this fufpenfion and propofal? The
affair was taken into confideration by moft,
if

( 55 )
if not all the legiffatures. All, except one or
two, exprefsly denied the right of Parliament ;
or, which is the fame thing, confined the
right to themfelves. They all declined mak-
ing any other propofal.

From hence began all our miferies. If the fe-
veral legiflatures had been filent on the point of
right, had pleaded long exemption from parlia-
mentary taxation, founded on commercial ad-
vantages to the ftate, the oppofition afterwards
made to the ftamp-act would juft as well have
procured the repeal of it, and the difpute about
the right might have been kept off to this day.

The. ftamp-a% paffed with little oppofi-
tion. If we are to judge by the event, ic
may be faid to have been impolitic. In
the time of it, I feared the convulfions
which it has caufed. I knew how much go-
vernment here had been weakened a little be-
fore that time; that mobs, riotous and tu-
-‘multuous affemblies, were fuppreffed with
difficulty; and that lefs riotous, but more cri-
‘minal affemblies, triumphed over the law.
‘I knew the fame fpirit had began to fhew it- .
‘felf in America. The agents of the plantation
governments, however, made no great ftir.

If

( 56 )
If they had imagined the ac would have met
with fuch violent oppofition, they would not
have follicited, as they did, that their particu-
lar friends fhould be appointed to cur? it into
execution.

A new adminiftration thought the repeal of
the act neceffary. Whether it could have
been’ carried into execution, and the people
brought to acquiefce, cannot now be deter-
mined. Confidering that all America was in
a flame, and that all the fervants of the
Crown in the plantations were deftitute of any
kind of protection, I then thought the repeal
expédient and neceffary. The declaratory
Jaw rather did hurt than good : It was treated
with contempt. I do not think with Doctor
Price that, if no farther attempts had been
made, the people would have recovered their
former habits of fubjection. Could the ftamp-
aét have been repealed, merély upon the prin-
ciple of expediency, as was the cafe with the
cyder-aét at the fame time, all the bad confe-

- quences ef the repeal might have been avoid-

ed. It was the declaration of 4 great com-
moner, that Parliament bad’ no right to tax
dimerica, and that be was glad America bad

refifted,

( 57)

riffied, which gave the death-wound to par-
liamentary authority there. The leaders in
America feized it with eagernefs. They praifed
and idolized him. They knew, indeed, that
he had declared in fayour of the authority of
the Parliament in all cafes of external taxation,
and for enforcing all laws for that purpofe
and, if obedience was refufed, that he would
not fuffer a horfe-nail to be made in the planta-
tions. They appeared, however, to take no
offence at it, but kept on the referve, until
they had a convenient opportunity to unmafk ;
for they knew if there was reafon to deny the
authority in internal, there was juft the fame
in external. It prefently appeared in fe»
veral of the governments, that the repeal of
the ftamp-ac&t did not fatisfy them. The
leaders in New York and Maffachufet’s-bay
influenced the affemblies to take exception to
parliamentary authority in other cafes befides
internal taxation, A plan was laid in fome of
the affemblies for a general congrefs at New
York. This was altogether unconftitutional ;
no commiffions from the Crown, and no char-
ters giving any authority to this purpofe. Not
long after the repeal, another change in ad-

I miniftra-

ee ee ee er Le

( 58 )

miniftration took place. The new miniftry
faw, as Mr. Grenville’s had done, the reafon-
ablenefs of requiring America to bear a propor-
tion, at leaft, of the charge neceffary for its.
defence. Whatever colour Doctor Price may
have, according to his own fyftem, for the
charge of defpotifm, I fee none for that of
avarice. An act paffed for external, ox port,
duties upon glafs, paper, tea, 8c. which
feemed to confift with the principles of
the great commoner, not difavowed by
the Americans. This act, the Doctor fays,
‘as was expedied, revived all the former
heats.” I do not believe that government had
reafon to expe? a revival of the former heats;
but it is certain they were revived. Combi-
nations were formed in moft of the govern-
ments, againft importing the obnoxious ar-
ticles, and greater tyranny was practifed to
compel all to join in the combinations, than
the people in Turkey would have borne.
Thefe diforders effeéted a repeal of all the ar-
ticles, except tea, The oftenfible reafon was,
that a duty on thofe articles was anticommer-
cial; but America knew the real reafon. The
duty upon tea was left, to fhew that Parlia-

ment

( 59 )

ment did not give up the right. After a year
or two’s ftruggle, it was paid in moft of the
governments. In New York and Penfilvania,
tea was fmuggled, with little or no rifk, from
Holland, and none was imported from England
into thofe governments, therefore the people
there gave themfelves no more concern about
the tea-act than about the declaratory act:
they fele no effect of either of them, Befides
the acts for.taxation, the leaders in America
were making ufe of other means of ftirring up
the people, and inflaming their tempers, in or-
der to accomplifh their defigns of independence.
The diforders occafioned in America by the acts
of trade, and the connivances at the breach
of them, had given rife to an a&t of Parlia-
ment, to enable his Majefty to appoint com-
miffioners of the cuftoms to refide in America;
I know compiaints had been made of the
great hardfhips the merchants in America
werc under, in being obliged to apply to the
commiffioners of the cuftoms in England, on
occafion of difputes with the cuftom-hoyfe
officers, which the furveyors general had no
authority to decide. I do not believe this
American board had greater powers given to

I 2 it,

( 60 )
it, than the commiffioners in England had be-
fore its inftitution, No other effect was felt,
than that which it had upon the illicit trade,
which the vigilance of the commiffioners in
fome meafure difcouraged. It was, therefore,
figiven out, that the board was appointed
“'metely to enforce the new duties; means
were ufed to inflame the people, and the ap-
pointment Was pronounced unconftitutional
and oppreffive, 3

The powers of courts of admiralty to take
cognizance of feizures, though made part of
the conftitution of every government for near
a century paft, were now alfo pronounced to be
incompatible with the rights of an Englifhman.
To keep up troops in any government to affift
usc civil magiftrate in the execution of law,
was keeping up 3 ‘anding army, contrary to
the bill of rights, unlefs the legiflature of fuch
government gave its confent to it.

The payment of falaries by the Crown to its
fervants, who derived their authority from the
‘Crown, was declared’ to be another inftance of
invafion made upon the rights of the people.

It became every day more difficult to carry
the laws of trade into execution, until at length

the

( 61 )

the authority of the cultom-houfe officers was
in fome governments openly defied; and in
others thofe officers winked «: every breach of
law, from fear cf their lives, in cafe they had
made a feizure: In fhort, in all matters, which
had rejpect to the authority of Parliament, go-
vernmeng for four or five years together had
been gradually lofing its force but this could
not have been, if the leaders in the plantations
had not been conftantly encouraged by the op-
pofition to government, and other partifans,
here. A conftant correfpondence was kept

up for that purpofe.
This was the ftate of America when the af-
fairs of the Eaft India company came before
Parliament, and that company was enabled by
an act to export teato America. The Ame-
‘rican market for tea was in a great meafure
‘Joft; the true reafon of the lofs was the illicie
trade; as this had been encreafing, the expor-
tation from England had been decreafing for
many years before. Penfylvania and New
“York imported all from Holland: An illicit
trade was there an open trade. In the other
governments an importation from England
had been quietly fubmitted to, and the three-

penny

( 62 )

penny duty had been regularly paid for two or
three years. I do not know that adminiftra-
tion had any view to facilitate the payment of
the duty, or, as the Doctor expreffes hi.afelf, to
bring the colonies into a /nare. It was natural
to fuppofe, that when the price was reduced,
the duty would more generally be paid; and
Penfylvania and New York be induced to trade
with England initead of Holland, when the
temptation to {muggling fhould ceafe.

But whatever were the views of adminiftra-
tion, it certainly was infinuated into the minds
of the people of America, by letters from
hence, wrote whilft the Eaft India bill was in
Parliament, that a plan was laid to bring the
colonies into a /nare—that a noble refiftance
on this occafion -ould free them from the
flavery intended for them; if this opportu-
nity was loft, there would never be ancther ;
and if they fhould fuffer the fhips to land the
tea, and the duty to be paid, they would rivet -
their own chains. Thefe letterswere publifhed
in news-papers through the continent, fome of
which came hither. Committees of correfpon-
dence, by advice from hence, were eftablifhed
in Penfylvania, New York, and Maffachufet’s

Bay ;

( 63 )

Bay; an uniformity of meafures was refolved
upon ; the fhips and tea were, at all hazards, to
be fent back from each government. Ac-
cordingly in Penfylvania and New York the
Ships were not fuffered to come up to the
ufual landing: places, and, although they had
large quantities of other goods, they all came
back to us; and the owners of thofe goods, as
well as the owners of the tea, were obliged to
fubmit to the damage.

The fhips, which were fent to Bofton, had
alfo large quantities of other goods befides tea.
The owners of thofe goods were not willing to
fubmit to the dainage they muft fuftain if they
fhould be fent back to England. A town
meeting was called, a committee appointed:
The owner of one of the fhips did not intend to
fuffer his fhip to come into the harbour, until
he had an opportunity of judging, from the
temper of the people, whether the tea could be
landed; but this committee, left the fhip
fhould carry away the other goods with the tea,
fent for the owner, required him at his peril to
bring his fhip to the ufual landing place, and
toenter at the cuftom-houfe, and deliver all
the goods, except the tea. After the other

goods

( 64 )
goods were delivered, the committee then te-
quired the owner to fend back his thip with
the tea: He applied to the collector for a clear-
ance: The collector refufed to grant it for the
tea, fuppofing he could not do it confiftently
with the duty of his office, and the oath he was
under: No fhips can pafs the caftle at Bofton
without a permit from the governor. Al)
plantation governors are under oath to do their
endeavour that the acts of trade be carried into
execution; and the act which eftablifhes a
cuftom-houfe is particularly named in the
oath. When the committee of the town of
Bofton found this difficulty in obtaining a
clearance for the fhip, the inhabitants of Bofton
were convened, by an irregular notification ;
the inhabitants of feveral other towns affembled
with them, making many thoufands when all
in one body: This body required the owner
to go and demand a permit from the governor,
who refufed to grant it until he had a certifi-
cate, that the fhip and goods on board were
cleared at the cuftom-houfe. No body
imagined the governor ceu'd give any other
anfwer; and before the owner returned, a

{mall part of the people had feparated from the
reft

( 85 )
reft in order to difguife themfelves; and, be-
ing fo difguifed, entered all the thips, hoifted
out the tea, and caft it into the fea; the body
of the people who had ‘been affembled follow-
ing them, and furrounding the fhips upon, and
near, the quays where they lay *.

We cannot forget the univerfal cry of all
parties, when the news of this act of injuftice
and violence was firft received here; in fome
way or other all agreed ic ought to be punifhed.
It appeared, that the body of the people of the
town of Bofton had countenanced andencouraged
every ftep which tended tothe deftruction of the
tea until it was completed. Parliament, therefore,
thought fit to pafs an act to reftrain the town
from all commerce by fea, until fatisfation
fhould be made to the Eaft India company, &c.
It was natural to fuppofe the town would raife
eight or ten thoufand pounds, rather than fub-
mit to fuch diftrefs as the lofs of its commerce
muft bring upon it. A meeting of the inha-
bitants was called; fome of the principal men,

* To make government appear dé/potic, malicious, re-
vengeful, and avaricious, in fhutting up the port of Bofton,
until fatisfaction fhould be made for the tea, Dr. Price
has reprefented the deftruftion of it as the a&t of a few

difguifed perfons only. See Obfervations, p. 64.
K for

|
|

ag CUM tN LU Ns, pF me Comer

i

( €6 )
for rank. eftates, and underftanding, preffed a
comp ce with the act of Parliament, but the
majority was againft it, and the port remains
fhut up to this day.

The council, the fecond branch of the legif-
lature in Maffachufet’s Bay, was annually elect-
ed by the houfe of reprefentatives; the gover-
nor, by the charter, had but little authority to
act by himfelf, or without the council. It ap-
peared that the council had declined to advife
or affitt the governor im any meafures for fe-
curing the tea from the rage of the people, and,
in divers other inftances had fhewn, that they
were under undue influence from their elect-
ors. Alterations in the province charter were
therefore judged neceffary: Some of the pro-
vince Jaws refpecting the appointment of juries
were alfo thought proper to be altered; and an
act of Parliament paffed for thofe purpofes :
And, as the civil or military officers in that pro-
vince might, in the difcharge of their truft, be
the inftruments or caufe of the death of perfons
who were in breach of the laws, and an impar-
tial trial could not be expected where the peo-
ple in general were fo much difpofed to an op-
pofition to law, it was judged neceffary that
provifion fhould be made for removing fuch

trials.

é
f
f
c
{
v
I
c
r
F
t
fi

Pe |

( 67 )

trials to other parts of the dominions, where a
fair trial by an unbiaffed jury might be had.

Several regiments were ordered to Bofton
about this time, and the general of the King’s
forces in America was appointed governor of
Maffachufet’s Bay. Oppofition tothe late acts
of Parliament was determined on. The firft af-
fembly which he held invited the other go. -
vernments to a general congrefs at Philadel-

phia, and appointed their own delegates. This
caufed a diffolution, and the people met ina

new affembly, by their own authority, took the
power of the militia into their hands, ordered
the public monies to be paid to their own trea-
furer, and did other acts of government:
They collected provifions, ammunition, and all
military ftores; formed regiments under new
officers, having difplaced all appointed by the
King’s authority; ordered a greatnumber of men
inall parts of the country to be ready toappear
in arms at a minute’s warning, and diftinguifhed
them from the reft by the name of minute-men ;

caufed the militia in all parts to be frequently
exercifed in the ufe of fire.arms ; procured fer-
jeants, or others who had deferted from the

K 2 articles

( 68 )

articles of war for the government of an army,
whenever it fhould be neceffary for it to ap-
pear in arms for the defence of the province. By
the charter, or compaé upon this occafion, if Dr.
Price will have it fo, the fole power of the militia
of the province, and of ere&ting and demolifhing,
at pleafure, fortifications of any kind, and in any
place, is referved to the King, to be ufed by
the governors; and the affembly had never
been fuffered by the governors to take this
power in any degree ont of their hands: Adts
of affembly had paffed to ftrengthen his hands
in the ufe of it.—TheJaw moft certainly
would have confidered Maffachufet’s Bay at
that time in a ftate of revolt, as clearly as at
any time fince, .

The governor and general, in this ftate of
the affairs of the province, had firft tried the
civil authority with which he was vefted, and,
by proclamations and one or more attempts
of civil Officers to apprehend fuch perfons as
were in the breach of law, endeavoured to
bring back the people to an obedience to the
Jaws; but without any effect. He then thought
it neceflary to erect fortifications in the town of
Bofton, for the fecurity of that town, as well as
of the King’s forces under his command.

: ‘By

ee

;4%

( 69 )

By this time, the general congrefs had met
at Philadelphia, and juftified the proceedings
of the people in Maffachufet’s-bay ; and pro-
vincial congreffes, had done the like in moft of
the other plantations; and the general affem-
bly of the two governments of Connecticut
and RhodelIfland had alfo followed the example
of the general congrefs.

At length, upon the rgth of April laft, the
general of the King’s forces thought fit to fend
a detachment from Bofton to Concord, a place
about twenty miles diftant, with orders to feizea
quantity of provifions and warlike ftores, which
he was informed had been unlawfully lodged
there, A part of this detachment met a company
of militiain arms at Lexington, fixor eight miles
from Concord, very early in the morning, in
appearance every way prepared for hoftilities.
An engagement enfued, the circumftances of
which are well known. This was the begin-
ning of actual hoftilities.

From the foregoing narrative, which I be-
lieve to be in every part true, the reader will
be affifted in judging to whom thefe hoftilities
are to be charged. I will inquire how far
- Dostor Price is right in charging them to the

avarice,

( 7 )
avarice, pride, revenge, and defpotic /pirit of go-
vernment here.

My fituation in life has been fuch, as to
bring me under no attachment to any one ad-
miniftration more than to another. I have had
occafion to obferve, in the people of this and
other governments, a difpofition to favour ac-
cufations brought againft their rulers ; popular
clamours, therefore, makes no impreffion on
my mind.

There can be no pretence to charge Mr. Gren-
ville’s miniftry with defpotifm, unlefs all ats are
defpotic, when the authority of Parliamenthad not,
been contefted ; nor with revenge upon the Ame-
ricans, who had given him no offence; nor with
avarice, when the fum propofed was fhort of the
charge of their protection. —If the Doctor has
‘aid any thing to the charge of Lord Rocking-
ham’s miniftry, it is the futility of the declara-
tory act, without accompanying it with a re-

cognition to acknowledge its authority; but
‘this could not be exceptionable, when the act
itfelf is pronounced dreadful, and the effect of
it the efablifhment of flavery.

_. The fame may be faid of the Duke of Graf-
ton’s adminiftration, as of Mr. Grenville’s ;
: there

( 7 )
there was no power affuned, but what the
‘Americans and their advocates allowed to be
in Parliament, the taxes being external on-
ly, ic could not therefore be defpotifm; and
the reduction of the duty upon the tea, would
eafe them more than all the other duties would
burden them, which carried no marks of re-
venge. |
All which can be charged to Lord North’s
adminiftration is, the retaining @ part only
of thofe duties, to the whole of which the
Americans had acknowledged they ought to
fubmit, and this merely to retain the right
which otherwife would have been faid to be
renounced.
On the other hand, I do not charge the war
upon the people in the plantations in general.
Twelve years ago they had no idea of inde-
pendence. They had never heard that taxation
and reprefentation muft always go together.
A propofal to take up arms againft the autho-
rity of Parliament, even in the cafe of a ftamp-
act, would have ftruck them with horror.
To what caufe are we then to impute the
war? To the avarice, pride, revenge, and fpr-
rit

( 72 )

vit of defpotifm, under the veil of Jiderty, of
@ few men in each of the plantations, directed
in all their meafures by their correfpondents
bere, and encouraged by the example fet them
bere, to defy and fet at nought all law.among
themfelves. Even thefe leaders, at firft, did
not feem +o have perfect independence in view,
They made gradual advances towards it, and
finding they made them with impunity, they
proceeded with more alacrity ; and ic is now
more than feven years fince fome of them, in
an unguarded hour, have declared they would
never give over until they attained to ic.

We have alweys had men bere undertaking
for the Americans, that lenitive meafures
would reftore government and order ; when, at
the fame time, they have encouraged the Ame-
ricans to make a firm refiftance, affuring
them, fometimes that they had nothing to
fear from a timid adminiftration ; at other
times, when adminiftration appeared to be
determined upon vigorous meafures, that at
the worft they might depend on the people
bere, who, rather than fuffer America to be
opprefied, would rife and effect a revolution

in government.
The

( 73)

The Americans have been farther encous
raged by the publications here in cheir favour,
by fpeeches, protefts, &c. regularly tranfmitted
in print, and fometimes in manufcript, jutti-
fying all their proceedings, even fince they
have been in a ftate of revolt. Withourc
encouragement from hence, the diforders of
America would have been fuppreffed in the
beginning, by the interior powers of govern-
ment there.

The common people were drawn in gradually
and flowly; they were alarmed with defigns
againft their religion and liberty. They have been
made to believe, that Lord Bute is a Roman
Catholic, and that under his influence popety

is to be firft eftablifhed in America, then in
England ; and that Lord North does not think
unfavourably of that religion; that their
houfes and lands, as well as their trade, would
be taxed; that they would have an arbitrary
government eftablifhed ; and, to fum up all,
would be made perfect flaves. It is doubtful
whether, with all thefe arts, they could have
_ been prevailed on to rifque all that peace and
quiet, fo long enjoyed by them and their an-
ceftors, if they had not been affured, that

L governs

( 4)
government in England would infallibly give
way, and that they would never be called to
take up arms, Still they were very hardly
brought to approve the meafures of their
Jeaders, and I doubt, with Doctor Price,
whether to this day they with for independ-
ence; and, I hope, when they are convinced
how grofsly they have been deceived, they
will more willingly and fpeedily return to that
happy ftate of government under which they
had always lived.

How far the alterations in the charter of
Maffachufet’s-bay, and the regulations in their
laws were expedient at that time, I will not
now enquire. If in any point the people were
aggrieved, there is room for redrefs. It is
enough, that Parliament was in the regular
exercife of its authority. I think I do not go
too far when I fay, that no right or property
can be acquired, whether derived from the
Crown. or from Parliament itfelf, which,
whenever the public good requires, Parliament
cannot take away. Charters arc no more
facred than other property: Accordingly, we
have feen the authority of Parliament exercifed
in the cafe of the Eaft India charters, and in
that

Depot

a ee eS ay ates Tes ee Sr aoe mg te I Ri i ae

( 75 )

that of the charter to the city of London, very
fimilar to that of the Maffachufet’s. By autho-
rity of Parliament, and, as many {till con-
ceive, much to the public advantage, a nega-
tive voice was given to the Aldermen in all
corporation acts: By another act of Parlia-
ment, they were deprived of this negative,
and have now, each Alderman, only a fingle
voice in conjunction with one of the common
council. !f I had time, I doubt not, many
other like inftances might be adduced.

The removal of trials is what we fee every
day done by the courts of common law: An
act of Parliament was neceffary in the trials
after the laft rebellion in Scotland.

What relation the Quebec act has to the cafe
of the colonies in general, I never could fee.
The only colourable one, if it may be faid to
be colourable, is the vaft territory compre-
hended in that government. This was neither
defigned to enlarge a government. becaufe in
its conftitution it was lefs popular than the
others; nor to encroach upon the bounds of
any other government, for there is a faving of
all rights which any other government may
have; but merely to prevent encroachments

L2 upon

132

OO eae
upon ungranted territory ; the reafons for which
are obvious. This was a controverfy by it-
felf, and the Doctor ought to have left it at
reft. |

I will make no other remark upon the ex-
ception to what is commonly called ‘ord
Morth’s conciliatory propofal, than that the
want of fuch a propofal has been the conftant
charge againft Mr. Grenville, until one of the
colony agents very lately fhewed, that it was
made by him; and, I have no doubt, that if
the like propofal had not been made by Lord
North, we fhou)i have found the want of it dif.
played in the Obfervations, &c.

I am not fufficiently acquainted with the fe-
veral branches of the public debt, to deter-
mine whether the Doctor has ftated it truiy or
not. Tomy purpofe it is immaterial, whether
he makes it ten millions more or lefs than it
really is. It is evident, that he endeavours to
fet it in the moft formidable light. We aré
bound, in charity, to prefume, he does not
with to fhake the public credit: His fole inten-
tion then mutt be to convince us, that if we lofe
the American trade, we fhall never be able to
Support the public credit, But if we concede to
Het : the

(

the claim of independence, how are we to re-
tain the trade of the Americans? The Doctor
will fay that they will confent to trade with us:
He can give us no fecurity for it: It will be
all one whether they feparate by violence or
part by confent ; they will trade with any
other power in Europe rather than with us, if
the trade be more profitable: It muft there-
fore be policy to prevent a feparation as long as
we are able. But the moft confoling confider-
ation is this: The conteft with the Americans
has opened our eyes in the kingdom, and con-
yinced us that the profits of our trade with
them have been exaggerated ; that if the whole
trade was gone, public credit may be fup-
ported, -

The Doétor, in his next fection, profeffes to
enquire into the war as it refpects the honour of
the kingdom, and fets out with obferving that
it is one plea for continuing the conteft, “ our
honour is engaged, and we cannot now recede
without the mof humiliating conceffions ;*
but this is {tating the plea unfairly: We fay
that government has good right to maintain
its authority over all parts of the dominion ;
and being engaged in meafures to reftrain any

part

( 78 )

part from a revolt, it cannot in honour recede
whilft there is a probability cf fuccefs : If go-
vernment has not good right, or if the attempt
be defperate, no body pretends that it is bound
in honour to proceed ; but the Dodtor chufes
to have an antagonift of his own making.
The purport of this fection is, neverthelefs, to
fhew that we have no right, and therefore ic
cannot confift with our honour to go on, but
we are bound to recede. We have the fame
ground to go over again in every fection.
Fiere he gives us a definition of government,
*« that itis, or ought to be, nothing but an in-
{titution for collecting and for carrying into
execution the will of the people,” and laments
that the meafures of government andthe will of
the people are fometimes in dire&t oppofition to
one another. He is willing however it fhould be
‘taken for granted, though probably far from
true,” that the majority of the kingdom favour
the prefent meafures, and yet he fays this is ne
good argument againft receding; for ** the dif-
grace to which a kingdom muft fubmit by
making conceffions is nothing to that of being
the agereffors in an unrighteous quarrel.” I
afk who is to recede? If he fays the agereffor, or,

in

Ss s<¢ lh fH l—lCUtlC St hlU CUFF

ee
in other words, government. How does this
confift with his definition of government ?
For if government is to carry into execution
the will of the people, and the people fa-
vour the meafures for war, government can-
not recede from them. This, by the bye.
He repeats again what he had fo often
done, which has been fully anfwered, that we
are endeavouring to reduce to fervitude our
own brethren—are infifting upon fuch a fupre-
macy over them, as to leave them nothing they
can call their own, and are carrying defolation
and death among them for difputing it, and
then the cafe of the plantations is com-
pared to that of the Corficans, the United Pro-
vinces of Holland, the Syracufans when in-
vaded by the Athenians and the allied ftates of
Rome in the focial war, Unlefs fome parallel
can be drawn between thefe cafes and ours,
what can be propofed by adcucing them? Let
any one read the hiftory of Corfica, always fub-
ject to fome power or other, frequently fhift-
ing its mafters, firft under the Greeks, then
tne Carthaginians, the Romans, the Goths, the
Saracens, the French, the Holy See, the
Pifans, the Genoefe, always denying amy other
right than that of conquef, and always ftrug-

gling

( 80 )

gling to free themfelves; let him read the
ftory of the cruel oppreffions it was under
from the Genoefe, and let him compare it with
the hiftory of the plantations, ever one ftate
with the kingdom, ever acknowledging one
and the fame fupreme authority, never feeling
any oppreffion, nor more than a fmall fhare of
the common burdens of government; the Cor-
ficans ftruggling for independence, that they
might be free from evils they were then fuffer-
ing; the Americans that they might avoid
diftant evils, of which they imagined they
were in danger; then let him judge whether
the cafes are fimilar.

Is the cafe of the United Provinces in any re-
fpect like that of the plantations, except that
the latter have now taken the nameof the United
Provinces alfo ? Were the Netherlands colonies
fent out by Spain, foftered and reared under
its acknowledged authority? Had they not
originally a diftinét government, a conftitution
in many refpects fimilar to that of England,

under a head by the name of prince, count, or
duke ; and orders of ftates, each branch where-
of was in poffeffion of eftablifhed powers and
rights? Did not the government fall to a

prince

( 81 )
prince of a new family, nation, and language ?
Did not this prince attempt to alter the contti-
tution, and to deprive the other branches of
their known and long exercifed powers? Were
not the fubjects by a mere act of power de-
prived of that natural right which may be
truly faid to be unalienable; a liberty of pri-
vate judgment in matters of religion; and by a
court of inquifition ‘compelled to difclofe chat
private judgement, of which a cruel des. was
made the penalty? Did the United Provinces
feparate from the kingdom of Spain? No-—
Surely their cafe was much more fimilar to that
of England at the Revolution. Opprefled by
a prince, the people of both ftates rofe againkt
him, freed themfelves from his authority, and
placed another in his ftead. One revolution,
indeed, was fuddenily and in a fhort time effeét-
ed ; the other, after a ftruggle of many years.

Owe ate retained its original conftitution un-
Ger a mew head, with the fame title as the
fermer; the other, took a new head, to which
was alfo given a new name.

But Holland, according to Dr. Price, is
*“ one of the greateft and happieft republics
that ever exifted *.”’ How does this confift

~P. ot
M with

( 8 )
with his definition of civil liberty ? Is the fu-
preme legiflative authority elected by the
people for a limited term, and under

“reftrictions and limitations, and fubjeét, from
time to time, to inftructions from the people ?
Have the people any fhare in the eleétion of
this fupreme authority ? Are the fubjects of
any ftate in Europe more reftrained of their na-
tural liberty? Is any abufe of their Stadtholder,
or of the States General, fuffered to pafs with
impunity ? If a clergyman, who meddles with
politics inthe pulpit, has a ftaff and a pair of
fhoes provided for him at the door of the
church; what would be his fate if he fhould
juftify the revolt of Batavia from its fubjection
to the States General after it had been declared
in rebellion ; and condemn all the meafures for
reftoring it to obedience, as proceeding from
pride, avarice, and the internal principles of

blind refentment, and the defire of revenge;

and publifh all this to the world ? I do not fay
that Holland isa lefs happy republic becaufe of
this reftraint, but Ithink Dr. Price does not wifh
that it fhould be imitated by government here.

But where could he have found an in-
ftance more foreign than that of the Athe-
nians and Syracufans? He might as well have
brought

( 83 ) :
brought in the wars between Rome and
Carthage.

The focial war then may be more to his
purpofe : ** The allied ftates had fought
«¢ the battles of Rome, and contributed to its
‘* grandeur, claimed the rights of Roman citi-
«¢ zens, and a fhare in legiflation.*” Do the
Britifh colonies afk a fhare in legiflation ? Does
the Doctor know that the proud and ungrateful +
Britons would deny it, if they fhould afk ?

But it feems thefe inftances are mentioned
for another purpofe. ‘* We felt for the brave
*¢ Corficans— All the world admired the refit.
“< ance of the Netherlands—Let any man, if he
“¢ can, avoid rejoicing in the defeat of the Athe-
“ nians,—and the feelings of every Briton muft
* force him to approve the conduct of the al-
<¢ lies, and to condemn the proud and ungrateful
«Romans; but the prefent conteft being in-
* confiftent with our own feelings in fimilar
* cafes, it muft therefore be a difhonour to us
« to continue.it. ” Can it be confiftent with
Dr. Price’s character to bring cafes which have
no refemblance to the cafe before us, and to al-
ledge them to be fimilar ; or, to fet up our feelings
in the place of our judgm. wt and reajon ?

® P, or. 4+ id. t Id.
M 2 Our

\ 84 )

Our feelings are excited by our paffons ; often
governed by prejudices. We envy a fuc-
cefsful great man; we pity a poor unfortunate
man, without confidering. the juftice of the
caufe in a controverfy between them. With-
out confidering whether Caefar deferved it or
not, I have my feelings when I read the ftory
of his death. Dr. Price, probably, has his fee/-
ings whenhe reads the fate of Caffius!

But can any thing be moreabfurd, more ridicu-
lous, than this doctrine, that ** if the colonies
are perfuaded they are fighting for liberty, though
they are miftaken and guilty of irregularities,
they ought to be pardoned.” Why? The
Dottor fays, ** becaufe our anceftors have given
them fomany examples of fimilarconduét.” ‘This
doctrine is not merely abfurd and ridiculous ; it
is highly dangerous, and tends to excite every
republican in England to a revolt, and juftifies
him in it. Again, ** England thould venerate the
attachment to liberty amidft all its exceffes ;”
I fay, England fhould dread that attachment to
liberty which produces foch | excefies, and
-confider that, if not checked, they will foon rife

to anarchy, and ponlety end in a defpotifm
and tyrann y. es

I thank

( 85 )

I thank the Doétor for his obfervation
** that the people who cry out moft vehement-
‘ly for liberty to themfelves, are the moft
‘¢ unwilling to grant it to others *.” The pre-
fent {tate of America affords us a moft ftriking
evidence of the truth of it.

What can be more trifling, more puerile,
than his next reafon to fhew, that the war is not
for the honour of the nation? ** One of the
¢* moft violet enemies of the colonies has
‘* pronounced them all. Mr. Locke's di/ciples.—=
¢* Glorious title !—-How /bameful is it to make
«¢ war againft them for that reafon + ?”

I do not believe ** it was the general cry laft
winter, that the people of New England were
a body of cowards, who would at once be
humbled into fubmiffion by a hoftile look from
any trocps{;” but, I believe, it was the general
opinion in both Houfes of Parliament, and out
of them, that a body of undifciplined men,
though much fuperior in number, would not
long face a body of difciplined troops, who
had feen fervice; and I do not know that we
have yet feen any reafon to alter this opinion.
Whether fuch a perfuafion led to the war or
not, is immaterial: The opinion itfelf was

* P, 93. + Id. + Id.
rational

‘( 86 )
tational and well founded, and can reflect no
difgrace.

The Doétor may, with equal truth, fay
that the /aws and religion of Canada were grant-
ed by Sir Jeffery Amherft, in one of the ar-
ticles of the furrender, ** on purpofe to obtain
the power of bringing upon the colonies an
army of French papifts *,” as that they were
eftablifhed by Parliament for that purpofe. It
would have been as eafy toemploy the Canadians
under Eoglifh Jaws as French ; and, as for their
religion, they have the fame natural right to
the enjoyment of it as the Doétor has to his.
But what odds does it make, whether I am
killed by a papift or proteftant, by a French-
man, Swifs, or Ruffian, by a white man, a
tawny, ora black ? Or why has not govern-
ment aright to employ auxiliary troops in car-
rying on war with its own fubjects, as well as
with a foreign ftate?

What the probability of fuccefs may be,
which is the fubjeét of the next fection, it will
be to no purpofe now to inquire ; Falla eft
alea.—I will, therefore, remark particularly on
one part only of the fection, and generally on
all the reft. The probability of fuccefs is

* P. o4.
judged

( 8 )
judged of * by the faftings and prayers of
*¢ America from one end to the other, whilft
** we are ridiculing the Americans as fanatics
“ and {coffirg at religion *.”

God forbid that I fhould think lightly of
religion, or that any thing I am about to fay
fhould induce others to think fo. If I thought
it would, I certainly fisould forbear. I am
very well informed that, except in two, or per-
haps three, of the New England goveraments,
there is as little fanaticifm in America as in
any part of the chriftian world. In thofe go-
vernments days of fafting and prayer have
been very frequent from their firft fettle-
ment. No doubt, there are many people
there, as there are in other places, who lay
more ftrefs on the eeligion of thofe days, and
who depend more ow the favour of Heaven for
their obfervance of them, and of acts of external
worfhip on other occafions, than for obferv-
ing what the Gofpel calls the weighty matters
of the law. \f this may be called fanaticifm,
ic has not travelled to ite fouthern govern-
ments. I doubt whether in any one of them,
there have bven ten days of fafting and prayer
fince the firft fettlement of it; in fome, whether

* P. 98.
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( 88 )
there has been one. What can we fuppofe then
is the caufe of this fudden religious turn? The
— Jeaders in America have ftudied well the hifto-
ry of this government from 1641 to 1660:
They copy after the leaders here in that day:
They know what was the effeét of fuch days
in thofe times. Prayers and fermons were cal-
culated to perfuade the people, that their caufe
was the caufe of God, and that they might there-

fore depend on fuccefs. Some of the Ame--

rican fermons on like occafions, full of fedi-
tion, to fay the leaft, have been reprinted here.
Is not this to make religion a ftalking horfe,
when the real defign is to gratify the luft of
party? This muft be the faf to frrife and de-
bate, and cannot be the fa? which God
bath chofen. To mock Heaven is the higheft
impiety. Ob my foul, come not thou into their
Secret, to their affembly be not thou united.

It is. the general purport of the other parts

of this fection, to encourage the Americans to |

perfevere in their meafures for attaining to
independence, by a very delufive reprefenta-
tion of their ability, and of our inability; and
by eZamples taken from ancient and modern
hiftory. The like encouragement has been
given

° gt ea eee ee ee ee

( 89 )
piven them from hence, by menof the religious
as well as civil order, fom the beginning of the
troubles to this day: Even at the time of our
laft advices from thence, they depended more
on the fuccefs of their partizans here, to effect
‘@revolution in government by means of our dif-
trefs, than upoh their own ftrength. 2

I thought £ had dohe with this fection ; but
IT cannot take my leave of it without obferving
another of thoie inconfiftencies and abfurdities
to which the rage of party will fometimes carry
men of fuperior parts and leatning. A few
pages before; the danger and miferies of a pub-
lic impending bankruptcy, from the lofs of
one branch of our trade, are reprefented and fet
in a moft formidable light, and the Doétor
‘¢ fhudders at the profpect*.” . In this fection
the lofs of the whole trade of thecolonies and the
fhutting up their ports * will do them unfpeak-
able good ; it will preferve them from the evils
of luxury, and the temptations of wealth, and
keep them in that ftate of virtuous fimplicicy,
which is the greateft happinefs +.”
After all this long controverfy with Dr:
Price, one paragraph has perfectly reconciled

Pp. 87, t P. 96. on
N us ;

I er a eee ge a np
= carey weet

( go J

us: IT am hearing it continually urged —
“ Are they not our fubjedis? The people of
«America are no more the fubjects of the
¢¢ people of Britain than the people of York-
« fhire are the fubjects of the people of Middle-
“fex: They are your fellow-/ubjefis*.” Thefe
are the fentiments of my heart. . I ever con-
demned that inaccuracy, our fubjeéts; I ever
thought the Americans ftood in juft the fame
relation to the people of the kingdom in gene-
ral, that the people of Yorkfhire ftand in to
thofe of Middlefex ; 1 ever thought they were
our fellow fubjects. But alas! my. hopes are
“very foon rendered vain, my fair profpects ob-
feure. In the three or four | next pages he re-
turns to his old fyftem. « We and they are
under two governments”—« T, ‘bey. have Bo, en-
couragement to crutt you with the power ‘of
taxing them’ *—¢ They will not obey your Par-
liament, your laws"? —* Suppofe the wortt-—
that the colonifts are ‘how aiming at indepen |
dence, &c.” What a ftrange jumble of in-
confittencies have we here? They are our fellow:
fubjects, : and yet we and they are two govern-
ments. They will not obey oar Parliament,

* P. 99.
ifs -04ur

C 91)

our laws, and yet they are not aiming at indeper-
dence. Can Dr. Price furnith us from hiftory
with an inftance of fellow-fubjects who were not
under one and the fame fupreme authority ? I
know of nothing that can give the leaft colour
for fuch a fuggeftion, except it fhould be faid,
they and we are under one King. Were the
Englith and Dutch fellow-/ubjefs in the reign
of King William the third? Or, are the Eng-
lifh' and Hanoverians fellow-/ubjeé?s under his
prefent Majefty? Were the Englifh and
Scotch fellow-/ubjecis from the reign of James
the Fir to the Union? James withed, he
ftrove, to have them confidered as fuch; but
every attempt of his courtiers, gll the learning
of Antenati and Poftnati fignified nothing:
We and they were no more fellow- ubjeds when
‘we were under James, than when we had been
under Elizabeth. What rights, what privi-
Jeges did they enjoy as Englith fubjects? We
would not fuffer them to fend a fkiff to the
Englith plantations: They began a plantation
themfelves, and might have kept us from fend-
ing a’ fkiff there. There cannot be a more
palpable abfurdity, than to fay men are: fellow-
fubje@s under two difting& fupreme: legiflative
authorities, °

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ee ee Ree Tt ae ee

( 92 ) :

I come now to the conclufion, and to the
plan of conciliation recommended by a noble
Lord, and adopted by Dr. Price. It is pro-
pofed by the plan to repeal the reftraining
a&t—the charter-a&t—the act for the more im-

“partial adminiftration of juftice—and the Que-
bec act—-to leave the cuftom-houfe and poft- —
office and other acts to a temperate revifal—
never to give up the principle of regulating

“the trade, but to prefcribe the moft explicit
acknowledgment of Parliament’s right of regu-
lating it, in the moft extenfive fenfe, if the pe-
tition and other public acts of the colonies
have not already left ic upon a fufficiently fe-
cure foundation.—Something further might be
expected, provided a due and tender regard be
had to. the means and abilities of the feveral
provinces, as well as to thofe fundamental, un-
alienable rights of Englifhmen—the right of
judging not only of the mode of raifing, but

i} the quantum, andthe appropriation of fuch aids

ia as they fhall grant—the debt of England to be
if ae acknowledged as the debt of every part of the

i ‘empire, Afia as well as America included, pro-
vided that fuch free aids as the colonies fhall

grant, and alfo the finking fund, be unalien-
| ably

i deers
Hh teat este

Sic is ad a

( 93 )

ably appropriated to'the difcharge of the debts
and, finally, the laws of trade are all to be duly
obferved and enforced.

I will firft confider the plan, and then the
propriety of its being adopted by Dr. Price,
As an European Briton, if the plan could be
carried to effeét, and it was juft to load the
Americans with the national debt, I thould cer-
tainly be in favour it. All the acts propofed
to be repealed, and all the alterations in the
aéts to be revifed, are not to be weighed in the
balance with a fecurity for the enforcement of
the laws of trade alone: But the eafe to the na-
tion, by laying ‘perhaps a quarter part of the
public debt upon Afia and America, cafts fuch
an amazing additional weight into the fecale,
that there is no room for hefitating a moment,
if we can be informed how it is to be carried
into execution. .I am at a lofs how the laws
of trade are to be enforced ; in what breaft the
tender regard to the means and abilities of the
feveral provinces is-to find its place: If in any
befides that of the Americans themfelves, how
can it confift with their fole right of judging,
not only of the mode of raifing, but the quantum,

and

=

3 ‘. ie a ees OE Ba 2 ane ee y 5 ae oe ee hy he sry
Bete naies SS cai CM ne Ras Si Mb ice lS oie

{ 94 )

and the appropriation of fuch aid as they thall
gtant. If they are to enforce the laws of trade,
and if they are to be the fole judges of the made,
quantum, means, and dbilines, 8c. of raifing and
appropriating aids, what fecurity can we have
for the performance of what is to be done on
their part; and how does the principle of regu-
lating trade exift in Parliament, if they, and not
Parliament, are to enforce the laws of trade ?

. ,How Dr. Price will reconcile this plan to
his fyftema of civil liberty, and to the whole
tenor of-his book, I am ftill more at a lofs. If
*‘ there are no caufes by which one community
may acquire a rightful authority over another,
neither conqueft, compact, nor obligations
conferred ;” how does the principle of the re-
gulation of the trade exift in the Britith Parlia-
ment? How will any compa& made by the
Americans bind them? Would he enforce the
laws of trade made by a Parliament which had
no authority? When no civil focieties can
lawfully furrender their civil liberty, by giving
up to any extraneous jurifdiction their power
of legiflating for chemfelves, and difpofing of
their property,” would he accept of fuch un-
Jawful furrender ?

. r
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’
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Sah Scns r SA

The

a er ee er a a

( 95 )

The Dean of Gloucefter may well be juttife
ed, upon his own principles, in giving up the
colonies—becaufe they are not worth keeping.
Doctor Price, upon his principles, cannot jufti-
fy the not giving them up—for Parliament, he

faith, hath no right to hold them. This plan, .

neverthelefs, implies a right to hold them,
which I muft leave him to explain.

A departure from the fundamental princi
ples of government began the conteft, and has
hitherto fruftrated every attempt for retonci-
hiation. If the colonies are to be juftified in
refufing fubjection in any one point, they may
be juftified in all. They are fubjects, or they
are independent. It will be afked, may. they
not have certain powers of internal legiflation
with which Parliament fhall never interfere,
though it. may have, and exercife all- other
powers of legiflation whatfoever; this feems
to have been the cafe with Ireland, which has
been in poffeffion of taxation,. at leaft all inter-
nal; for ages paft? IT anfwer, neither the colo-
nies-nor Ireland can have an exclufive right,
becaufe it is incompatible with the other powers
referved'to Parliament. -But if Parliament is
not to ufe its right over Ireland, what fignifies
fib 2 aright

( 96 )

aright when it is never ufed? I have often
heard this queftion afked, but it is not a fair
queftion. Although the right has not been
ufed; it by no means follows, that the time
will not come when it may be ufed. Ireland,
by its legiflature, has made large and lafting
provifion towards the general charges of go-
vernment: Ic is to be prefumed, that Parlia-
ment has deemed it adequate; the right, there-
fore, has not been ufed. Parliament had for-
borne the ufe of its right of taxation in the con-
tinental colonies alfo, for the purpofe of a re-
venue, from their firft fettlement: Commer- -
cial advantages from the colonies, and the po-
verty and burdens of new fettlers might be
deemed a good reafon: The great charges of
government, in defence of the colonies, cauf-
ed Parliament to determine, that part of this
charge ought to be borne by the colonies : Up-
on its being recommended to the legiflatures
to confider of it, and to propofe a way to pro-
vide for this charge, they declined.it, and de-
nied the right: Parliament thought. fit to. ufe
the right, and'to take meafures to. compel to
a fubmiffion'to it. Should the like cafe hap-
pen with refpect to Ireland, I believe it never

will,

€ 97 )

Will, Parliament may, and will proceed in the
fame way as it has done in the colonies.
What way then can ever be found for recon-
ciling the colonies, and reftoring them to peace ‘
ahd order? I know but one. Happy will it
be for them and us, if we can agree to take it;
ahd prevent that devaftation, deftruction, and
ruin, which the vaft armament now preparing
threatens. They muft return to that ftate of
obedience to the conftitutional powers of go-
vernment, in which they had been happy for
an hundred years together. They have been.
alarmed. with falfe fuggeftions of danger, of
many. great and infupportable burdens, oppref-
fions, and tyrannies never intended; and have
been perfuaded to believe, they could avoid
them in no other way than by a revolt. . They
muft reflect upon the felicities fo long enjoyed
under government, upon the diftrefs and mife-
ries brought upon themfelves by a revolt from
it; they muft be convinced that thofe perfons,
‘ who ufed all the means in their power to diffuade
them from this revolt, were their beft friends,
and that they whohave perfuaded, and compelled
them to it, were their worft. enemies. The re-
peated declarations ‘made by their juft, their
ae O bene-

( 98 )

benevolent Sovereign, of his difpofition taevery
act of lenity and kindnefs; the refolve of the
Houfe of Commons, that upon afis of their
own legiflatures. for raifing @ reafonable fum te-
wars the charges with which government muf neq
ceffavily be burdened for their protection and defence,
acts of Parliament for taxing them ought to be re«
pealed, and that it will not be advifeable to tax
them for the future; are as great fecurities as
they can have. Succeeding Houfes of Com-
mons, who alone can originate acts of taxation,
will be in honour bound to adhere to this refolve
as much as a fucceeding Parliament can be
bound to adhere to any aét of Parliament paff:
ed with all its formalities. I fay, in bonour
bound, becaufe the power, or authority, can its
neither cafe be reftrained or limited. This
being all the fecurity which, from the nature
of government, can be given, muft content
them. More than this no minifter can pro.
pofe, no Parliament can approve.—Could
there be greater; I fthould make no ob-
jection. .

Government here will reftore them to the
full pofiefion of their trade and their fithery,
and protect them in: it, will give farther en-
courage.

( 99 )
couragement to their trade, in inftances where
it may be done without prejudice to the national
intereft, which 1 think may be eafily fuggefted,
will confider them, as Montefquieu fays, to be
colonies planted aad reared for commercial
advantages, and will give full credit for thofe
advantages 3 inftead of requiring them, accord-
ing to Doétor Price’s plan, to tax themfelves,
for theirs proportion to the vaft national debt,
of one hundred and thirty or forty millions, a
propofal tending to deter them from any far-
ther connection, will look forward only, and
make. full allowance for every fum arifing
from fuch external duties, as may be neceflary
to be laid in atts for regulating their com-
merce; and, if it may confift with juftice to
the other parts of the dominions, will eafe
them of all internal taxes whatfoever; will
allow to their internal legiflatures every power
of legiflation compatible with the general fu-
premacy of Parliament ; and will confider them
as fubjects intitled to every liberty, every pri-
vilege enjoyed by their fellow-fubje&ts, which
their local ficuation will admit.

This ‘is the only plan ‘for lafting peace and
harmony. Many who are friends to the king-
O2 oe dom

( 100 )
dom and colonies, have complained, ‘that no
more sotice has been taken of the declarations,.
and offers made by the Philadelphia ‘congrefs,
which have been thought to:contain fufficient
grounds for treaty, and for fettling a compact
between Parliament and the colonies. It was
impoffible. Every ftep towards fuch a treaty
would have fet peace at a greater diftance, and
no compact éan be entered into, but what will
deftroy the peace propofed’ tobe eftablifhed by
it. Whatever fancies we may have of an. ori-
ginal compat, at the firft formation of a ftate,
a compact between the fupreme authority and
the feveral parts of a ftate, will involve contra-
didion and abfurdity. Such fecurity then, as
the nature of government will admit ‘for the
enjoyment of ffpecial rights, liberties, or hrigiind
tions by any parts of-a ftate, ought to give con-
‘tent. This fecurity may be obtained by grants,
charters, pre(criptions, or long indulged ufage 5
and fuch title may be acquired, that no ‘power,
except the fupreme authority, and that only
when the public good requires, of which i it mutt
be the judge, can alter. With this power our
Americap

( 101’)

American brethren may as fafely truft their li
berties, as we in the kingdom do ours’ for, not-
withftanding the abufive infinuations in the
pamphlet I have attempted to anfwer *, no go-
vernment in the world is undera legiflative pow-
er which, -in all its aéts, has maintained a more
_ jutt‘and impartial regard to the interefts of the
feveral parts of the dominions, whether repre-
fented or not, than the legiflative power of Great
Britain, > :

_In fine, if the Doétor’s book is plaufible, yet
it 1s delufive.

His fyftem muft remain upon paper, and in.

idea only ; it can never be carried into ac.

His vindication of the colonies, his charges
againft government, have no ‘other fupport
than the truth and practicability of his fyftem ,
and, therefore, are altogether groundlefs.

His book may create, or increafe difcord,
but it has no tendency to promote concord,
peace, and love. A fingle aétion which has
this tendency, will afford a more pleafing re-
flection to a benevolent mind, than all the me-
taphylical diltinétions, all the moft extenfive

, calcu-

—

‘Tfndi it will, take: more time than Lexpeéi eds
“my pamphlet alfoi is already: frolen 10 a fully

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